Bringing Your New Employee Onboard

First Steps for Hiring an Employee

It is important to have a consistent process for all new hires. There are several forms that a new hire will need to complete on or before his/her first day of work. Many employers choose to send paperwork with the offer letter and will ask the employee to bring necessary documentation on the first day of week. You can also choose to schedule a time for a new hire to fill out paperwork at your office prior to his/her first day of work (this can be unpaid).

Below you find a list forms that are required per Federal and/or State Law and other recommended forms that will be useful.

Required and Recommended Forms for Employee's File

	For Employee	Required by Fed and/or CA Laws	View Form
New Hire Checklist			go to forms
Employment Eligibility Verification		√	I-9
CA Employee Withholding Allowance		√	DE 4
Employee Time Card			go to forms
Federal Employee Withholding Allowance		√	Form W4
Emergency Contact Information			go to forms
Employment Application (should be filled out prior to interview)		√	Buy
Payday Schedule	√
Confidentiality Agreement			Buy
Employee Handbook	√		learn more
Employee Handbook Receipt			see handbook
Sexual Harassment Brochure	√	√	DFEH 185
Paid Family Leave Brochure	√	√	DE 2511
Job Offer Confirmation Letter			go to forms
For Your Benefit	√	√	DE 2320
State Disability Insurance Provisions	√	√	DE 2515
Earned Income Tax Credit	√	√	W-5

Social Security Verification

You should verify each employee's social security online with the Social Security Office.

Employing a Minor

Prior to permitting the minor to work, employers must possess a valid Permit to Employ and Work. The minor’s school issues the permit. In typical circumstances, after an employer agrees to hire a minor, the minor then obtains from his or her school a brief form with the title "Statement of Intent to Employ Minor and Request for Work Permit" ("Application") [EC 49162]. The Application is completed by the minor and the employer and signed by the minor’s parent or guardian and the prospective supervisor [EC 49163]. After returning the completed and signed Application to the school, school officials may then issue the Permit to Employ and Work [EC 49110 - 49113, and 49130].

Obtaining Permits

Exception: A minor employed in the entertainment industry must have an Entertainment Work Permit issued by the Division of Labor Standards Enforcement [LC 1308.5, CCR 11753]. The employer of such a minor must have a Permit to Employ Minors in the Entertainment Industry which are also issued by the Division of Labor Standards Enforcement [CCR 11752].

Child Work Hours Summary Chart

Ages 16 and 17

Must have completed 7th grade to work while school is in session.

Ages 14 and 15

Must have completed 7th grade to work while school is in session.

Ages 12 and 13

SCHOOL

SESSION

4 hours per day on any school day**
[EC 49112; 49116; LC 1391]

8 hours on any non-school day or on any day preceding a non-school day.
[EC 49112; 49116; LC 1391]

48 hours per week [LC 1391]

WEE students & personal attendants*** may work more than 4 hours on a school day, but never more than 8. See text. [EC 49116; LC 1391, 1392]

3 hours per school day outside

of school hours
[EC 49112, 49116; LC 1391]

8 hours on any non-school day

18 hours per week [EC 49116; LC 1391]

WEE students may work during school hours & up to 23 hours per week. See text. [EC 49116; LC 1391]

May be employed only during school holidays and vacations (usually construed to include weekends). May never be employed on any school day, either before or after school. [EC 49111] See text.

Daily and weekly work hour maximums while school is in session are not specified in statute, but may not exceed the maximum allowed when school is not in session or the maximum stated on permit.
[EC 49111; LC 1391, 1392] See text.

Not eligible for WEE programs. [EC 49113]

SCHOOL
NOT IN
SESSION

8 hours per day [LC 1391, 1392]

48 hours per week [LC 1391]

8 hours per day [LC 1391, 1392]

40 hours per week [LC 1391]

8 hours per day [LC 1391, 1392]

40 hours per week [LC 1391]

SPREAD OF
HOURS

5 a.m. – 10 p.m. However, until 12:30 a.m. on any evening preceding a non-school day [LC 1391]

WEE students, with permission, until 12:30 a.m. on any day [LC 1391.1]

Messengers: 6 a.m. – 9 p.m.

7 a.m. – 7 p.m., except that from June 1 through Labor Day, until 9 p.m. [LC 1391]

New Hire Reporting

All California employers must report all their new or rehired employees who work in California to the New Employee Registry no later than twenty (20) days after their start-of-work date. The start-of-work date is the first day services were performed for wages. Employers who file on magnetic media must submit two files each month. You do not have to report employees when they terminate employment.

The reporting form to use is DE 34.

Mail:  Employment Development Department
         PO Box 997016 MIC 23
         West Sacramento CA 95799-7016
Fax:  (916) 319-4400

Questions? Contact the New Employee Registry Hotline at (916) 657-0529, Monday through Friday, from 8 a.m. to 5 p.m. (PST).

Earned Income Tax Credit (EITC)

Effective January 1,2008, any employer who is subject to, and is required to provide unemployment insurance to employees, must notify all employees that they may be eligible for the EITC. Employers shall give notification within one week before or after, or at the same time, they provide employees with IRS Form W-2 or 1099. The employer must also process the IRS Form W–5 for advance payments of the EITC, if requested by the employee.

You must provide notification to your employees by either handing it directly to your employee or mailing it to your employee's last known address. Posting of this information on an employee bulletin board will not satisfy the notification requirement.

Sample EITC Notice from California EDD

NOTICE TO EMPLOYEES

Based on your annual earnings, you may be eligible to receive the earned income tax credit from the federal government. The earned income tax credit is a refundable federal income tax credit for low-income working individuals and families. The earned income tax credit has no effect on certain welfare benefits. In most cases, earned income tax credit payments will not be used to determine eligibility for Medicaid, supplemental security income, food stamps, low-income housing or most temporary assistance for needy families payments. Even if you do not owe federal taxes, you must file a tax return to receive the earned income tax credit. Be sure to fill out the earned income tax credit form in the federal income tax return booklet. For information regarding your eligibility to receive the earned income tax credit, including information on how to obtain the IRS Notice 797 or Form W-5, or any other necessary forms and instructions, contact the Internal Revenue Service at 1-800-829-3676 or through its Web site at www.irs.gov.