I am starting a new business and am about to hire my first employee. What forms should I use?


There are several forms to consider when hiring a new employee.

Since January 1, 2012, a California law called the Wage Theft Protection Act requires that most private employers give a written notice to each non-exempt employee at the time of hiring. The notice must include the following information:

  • the employee’s regular and overtime rates of pay,
  • whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or otherwise,
  • any allowances claimed as part of the minimum wage (such as for meals or lodging),
  • the days of the month paychecks are regularly distributed,
  • the employer’s legal name and any other names used by the employer in doing business,
  • the physical and mailing addresses of the employer’s main office or principal place of business,
  • the employer’s telephone number, and
  • the workers’ compensation insurance carrier’s name, address, and telephone number.

Employers must notify employees of any change to the information in the new hire notice within seven calendar days of the change, unless the change is reflected on a timely wage statement or another writing required by law.

This law does not apply to employees who are exempt from overtime pay requirements and to certain employees covered by valid collective bargaining agreements. It also does not apply to state and local government employers.

Another new law requires that by January 1, 2013 employers put into writing any commission agreements they have with employees. The written agreement must provide the method for computing and paying the commissions.  

Your new employee should also complete a W-4 Form so that you know how much to withhold for taxes. The form is available at

Another form you will need is the I-9 form, which verifies eligibility for employment in the United States. That form is available at The initial part of the form should be completed no later than the first day of work. The information required at the second section, concerning the documents to establish eligibility, should be completed within three business days of the date employment begins. Note that employees may choose which documents to present; an employer may not specify that an employee bring any particular form of document such as a social security card.

You will also want to make sure to report your new employee to the Employment Development Department, using the New Employee Report form at This information is used to locate parents who are delinquent with child support obligations.

Other forms commonly given to employees at the time of hire include notices on the following:

Finally, if you plan to pay your employee by direct deposit, you should obtain written authorization to do so.

– – – – – – – – – – – – – – – – – – – – – – – – – –
Back to Menu- Work Place Law 2012 Articles