Question:

My company has just hired a new employee and I want to make sure I do things right. What are my obligations in terms of providing forms and notices to new employees, and reporting new hires to the government?

Answer:

State and federal laws impose a variety of requirements on employers when they hire new employees. Creating and updating a new hire checklist and packet of forms will save you time and help ensure compliance with the requirements when you hire a new employee.
Employers are required to obtain certain information and provide information to new hires. Although there are different timeframes for providing the information, the best practice is to have all of the required documents in your new hire packet and review them with the employee on the day that the employee begins his or her employment.
Your new hire packet should include:

  • Form I-9: Employment Eligibility Verification form. Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen). Employees must complete and sign section 1 of the I-9 no later than their first day of employment. Employers or their authorized representative must complete Section 2 by examining evidence of identity and employment authorization within 3 business days of the employee’s first day of employment. The form and instructions are available at http://www.uscis.gov/sites/default/files/files/form/i-9.pdf. I-9 forms are not submitted to the federal government but they must be accurately completed and retained by the employer. It is a good practice to keep the completed I-9 forms and copies of identity verification documents in a separate I-9 binder.
  • Notice to Employee, Form DLSE-NTE (also known as the 2810.5 Notice), available from the Department of Labor Standards Enforcement website: https://www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf. This Notice must be completed by the employer and given to new employees at the time of hiring, and the form must also be given to existing employees within 7 days if any of the information on the form changes.
  • Workers Compensation Insurance form, “Your Worker’s Comp Benefits” pamphlet, available from the Department of Industrial Relations website: http://www.dir.ca.gov/dwc/DWCPamphlets/TimeOfHirePamphlet.pdf. The employer must provide information regarding its workers’ compensation carrier and where to go for treatment. The employee may complete this form to designate a personal physician.

In addition, within (20) days of the first day of employment, employers are required to complete and submit to the Employment Development Department, a Report of New Employee, form DE34. This form is available at http://www.edd.ca.gov/pdf_pub_ctr/de34.pdf.
Depending on your business, there may be additional forms that are required or recommended (i.e. employee handbook acknowledgment, health insurance and benefits information.) It is important to keep a record of the documents that were provided to your new employee. If you develop a checklist of the new hire forms, at the employee’s orientation you can provide each form, check the form off the list, and have the employee sign and date the checklist to acknowledge he or she received each form.