California New Hire Forms and Notices Checklist

California new hire forms fall into three buckets with different deadlines: forms the employee fills out on or before their first day (Form I-9, federal Form W-4, and California Form DE 4), notices and pamphlets you hand them at the time of hire (the Wage Theft Prevention Act notice, three EDD benefit pamphlets, workers’ compensation information, and harassment and victims’ rights notices), and reports you submit to the state (a new-hire report to the EDD within 20 days and, if you don’t sponsor a retirement plan, CalSavers enrollment within 30 days). Miss one and the penalties range from $24 for a late new-hire report up to misdemeanor exposure for skipping the workers’ compensation notice.

Forms the Employee Completes on Day One

Form I-9

Every U.S. employer must complete Form I-9 for each new hire to confirm identity and legal authorization to work.¹ The employee fills out Section 1 no later than their first day of work; they can complete it earlier, but not before accepting the offer.²

You then examine the employee’s identity and work-authorization documents and complete Section 2 within three business days of that first day. The employee chooses which documents to show: one from List A (which proves both identity and work authorization), or a combination of one from List B (identity) and one from List C (work authorization). Telling an employee which specific document to bring is a violation, even if you’re trying to speed things up.²

Federal Form W-4

The W-4 tells you how much federal income tax to withhold from the employee’s paycheck.³ It captures filing status, dependents, and any adjustments for additional income or deductions beyond the standard deduction.⁴

California Form DE 4

The DE 4 is separate from the W-4 because California’s income tax brackets and deductions differ from the federal system. Employees use it to claim state withholding allowances and, if they qualify, exemption from state withholding.⁵

If a new hire doesn’t turn in a DE 4, you must withhold state income tax as though they’re single with zero allowances, which is typically the highest withholding amount. Employees who forget will notice smaller paychecks until they submit one.⁵

Wage Theft Prevention Act Notice

Labor Code section 2810.5 requires you to hand every non-exempt new employee a written notice at the time of hire covering specific details about their job, pay, and your business.⁶ The Division of Labor Standards Enforcement publishes a fill-in template.

The notice must include:

Rate of pay, how pay is calculated (hourly, salary, piece rate, commission), and any applicable overtime rate
The regular payday you’ve designated
Your legal business name, any DBA names, physical address, mailing address, and phone number
For staffing agencies, the name and contact information of the client company where the employee will actually work
Workers’ compensation carrier’s name, address, phone number, and policy number (or self-insurance certificate number)
How the employee accrues and can use paid sick leave
Whether any active state or federal disaster declaration affects the work location

The notice must be in the language you normally use for employment communications with that employee.⁶ When any of the information changes (a raise, a new insurance carrier, a different work location), issue an updated notice within seven calendar days, unless the change already appears on a timely wage statement.⁷

Pamphlets and Informational Notices to Distribute

EDD Benefit Pamphlets

The Employment Development Department requires you to give each new hire three publications:

“For Your Benefit” (DE 2320), covering unemployment insurance, disability insurance, paid family leave, and reemployment services
Disability Insurance Provisions (DE 2515)
Paid Family Leave brochure (DE 2511), on taking paid time off to care for a seriously ill family member or bond with a new child

All three are available for download from the EDD website.⁸

Workers’ Compensation Notice

Labor Code section 3550 requires every employer that carries workers’ compensation insurance to post a notice in a visible workplace location and provide new hires with information about their rights under the system. It must list your insurance carrier, who handles claims, the employee’s right to medical care and to consult an attorney, and the time limits for reporting injuries. Skipping the notice is a misdemeanor and creates a legal presumption that you don’t carry workers’ compensation coverage at all.⁹

Harassment and Victims’ Rights Notices

The California Civil Rights Department requires employers to display and distribute information about protections against discrimination and harassment under the Fair Employment and Housing Act.¹⁰

You must also give each new hire a notice about the rights of victims of domestic violence, sexual assault, and stalking under Labor Code sections 230 and 230.1. It explains protections such as time off for court appearances, medical treatment, and obtaining restraining orders.¹¹ The DIR provides a downloadable version on its website.

CalSavers Enrollment Within 30 Days

If you don’t already sponsor a qualified retirement plan (a 401(k), SEP IRA, SIMPLE IRA, or similar), California law requires you to register for CalSavers and facilitate payroll-deduction retirement savings for your workforce. The mandate applies to any employer with at least one California-based employee who is 18 or older.¹²

You must upload each new eligible employee’s information to the CalSavers portal within 30 days of their hire date. The employee then has 30 days to opt out. If they don’t act, they’re automatically enrolled and contributions come out of their paycheck.¹² Government entities, religious organizations, and tribal organizations are exempt.

Reporting the New Hire to the EDD Within 20 Days

Within 20 calendar days of a new employee’s first day of work, you must report the hire to the Employment Development Department through California’s New Employee Registry. Use the Report of New Employee(s) form (DE 34), submitted online through e-Services for Business or by mail or fax.¹³ Every California employer is covered: businesses, nonprofits, government agencies, and household employers, regardless of headcount.¹⁴

A late report carries a $24 penalty per unreported employee. If the EDD finds that you and the employee intentionally agreed to withhold the information or submit a false report, the penalty jumps to $490.¹⁴

How Long to Keep the Records

Different new-hire documents have different retention periods, and the longest applicable one controls.

Form I-9 must stay on file for three years after the hire date or one year after employment ends, whichever is later. A practical shortcut: if someone worked for you less than two years, keep the I-9 for three years from the First Day of Employment date. If they stayed longer, keep it for one year after they leave.¹⁵

Federal employment tax records, including W-4 forms, must be kept for at least four years after the tax is due or paid, whichever is later.¹⁶ On the California side, Government Code section 12946 requires employers to keep personnel files (applications, employment actions, and related records) for at least four years after creation or after a termination. Because the DE 4, WTPA notice, signed acknowledgments, and most other onboarding documents count as personnel records, the working rule is straightforward: keep everything at least four years, and keep I-9s under their own longer-of-two formula.

1
U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification
2
USCIS. Form I-9 Instructions
3
Internal Revenue Service. About Form W-4, Employee’s Withholding Certificate
4
Internal Revenue Service. Form W-4, Employee’s Withholding Certificate
5
Employment Development Department. Employee’s Withholding Allowance Certificate (DE 4)
6
California Legislative Information. California Code LAB Division 3 Chapter 2 Article 2 Section 2810.5
7
California Department of Industrial Relations. Notice to Employee (Labor Code Section 2810.5)
8
Employment Development Department. Required Notices and Pamphlets
9
California Legislative Information. California Labor Code Section 3550
10
California Department of Industrial Relations. Required Posters and Notices
11
California Department of Industrial Relations. Victims of Domestic Violence Leave Notice
12
CalSavers. CalSavers Employer Information
13
Employment Development Department (EDD). California’s New Employee Registry
14
Employment Development Department. California New Employee Registry FAQs
15
U.S. Citizenship and Immigration Services. 10.0 Retaining Form I-9
16
Internal Revenue Service. Employment Tax Recordkeeping