Question: I’m starting a business in California and planning to hire employees. What documents or notices am I required to give to my employees and post at the office?
Answer: There is a never-ending list of forms, notices, and other documents for California employers. Employers must provide new and existing employees upon various forms and notices related to employment eligibility, federal and state taxes, workers’ compensation, and wage replacement benefits, and anti-discrimination and anti-harassment laws. Additionally, there are other documents employers may consider providing to employees, such as employee handbooks.
New Hires
Hiring a new employee requires a lot of paperwork. Between federal and state law, and depending on the size of the employer, there are dozens of required documents an employer must provide to an employee. Below are just some of the main legally-required documents:
- Wage and Employment Notice to Employees. This notice is required under California Labor Code section 2810.5 and provides the employee with required information about rate of pay and paid sick leave.
- Form I-9: Employment Eligibility Verification. This federal form is required to verify the identity and employment authorization of individuals hired for employment in the U.S.
- Form W-4: Employee Withholding. This federal form tells the employer how much federal income tax to withhold from the employee’s pay.
- Form DE-4: California Employee’s Withholding Allowance Certificate. This state form tells the employer how much state income tax to withhold from the employee’s pay.
- Harassment, Discrimination, and Retaliation Prevention Policy. California prohibits harassment, discrimination, and retaliation in the workplace. This written policy is mandatory for California employers.
- Emergency Contact Information Form. Under California’s Know Your Rights Act, employers must allow an employee to provide them with emergency contact information and to indicate if the employee wants the emergency contact to be notified if the employee is arrested or detained at work.
The above items are just a handful of the forms employers are required to give employees upon hiring. Depending on the size of the employer or your particular industry, additional documents may be required. Employers are encouraged to implement a “new hire checklist” to help ensure compliance.
Required Posters
There are many posters that employers are legally mandated to print and post in a place that employees are likely to see, such as a breakroom. A few of those posters include:
- Federal and state minimum wage posters.
- Cal/OSHA’s Safety and Health Protection on the Job poster.
- Paid Sick Leave notice.
- Payday notice.
- California Wage Order poster.
- Workers’ Compensation poster.
Termination of Employment
Employers should also be aware of the documents required when they separate employment with someone, including:
- Notice to Employee as to Change in Relationship. This form is required under California Unemployment Insurance Code section 1089 and advises the separating employee of the change in his or her employment status.
- California Department of Health Care Services’ Health Insurance Premium (HIPP) notice. This notice informs unemployed Californians of the HIPP program, which is an optional premium reimbursement program under Medi-Cal.
- California EDD’s For Your Benefit notice. This notice provides information about programs offered for unemployed Californians such as Unemployment Insurance, State Disability Insurance, Paid Family Leave, and Workforce Services.
Federal and California law require employers to provide many forms and notices to employees, in both the onboarding and separating processes. The above items are a non-exhaustive list, and employers should be aware of the documents they are legally required to provide to employees based on the size of the company or organization. When in doubt, an employer may consult with their legal counsel.