California employers have many state and local hiring requirements in terms of the various notices that must be provided to new employees. Employers should also carefully review the hiring documentation to ensure that additional documents that could benefit the company are also being provided to the new hires. This Friday’s Five sets out five key areas that employers should consider in developing their own new hire checklist:
1. Offer letter.
Offer letters should at least address the following items:
- Terms of employment
- Duties of the position
- Start date
- At-Will employment status
- Exempt or non-exempt status
- Wage or salary
- Benefits, if any
- Other conditions of employment (for example, applicant must pass a medical exam, drug test or background check)
2. Provide new hire with employee handbook and obtain signed acknowledgment of receipt.
3. Provide required forms and pamphlets.
California employers must provide the following documents for example:
- I-9 Employment Eligibility Verification completed
- W-4 federal and state tax withholding forms completed
- Workers’ Compensation Time of Hire Pamphlet: Personal Chiropractor or Acupuncturist Designation Form and Personal Physician Designation Form
- Sexual Harassment Pamphlet (DFEH-185P)
- EDD Disability Insurance Pamphlet (Form DE 2515)
- Paid Family Leave Pamphlet (Form DE 2511)
- Wage and Employment Notice to Employees (Labor Code section 2810.5) (Form DLSE-NTE). This form is only required for non-exempt employees, and more information about the form can be read here.
- New Health Insurance Marketplace Coverage Options and Health Coverage Form (Form OMB No. 1210-0149)
- General Notice of Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage rights (if 20 or more employees and employer offers health plan)
- Rights of Victims of Domestic Violence, Sexual Assault and Stalking Pamphlet
- Work Permit for Minors (if applicable) (CDE Form B1-4)
Note that many of the state forms listed above must be given to the employee in their primary language. Employers need to also check their local cities and counties to ensure that they are providing any other required documents. For example, the City of San Diego requires employers to provide and have employee acknowledge receipt of the Earned Sick Leave and Minimum Wage Employee Notification Form.
4. File New Employee(s) Report within 20 days of date of hire (Form DE 34).
5. Complete any other employer-specific requirements or documents:
- Arbitration agreement
- Orientation/training documents
- Confidentiality/non-disclosure agreement
- Direct deposit form
- Any other company specific forms