The hiring process in California can be confusing: there are various required federal and state documents that must be reviewed and signed for new employees. It is imperative for California employers to familiarize themselves with the requirements for their local jurisdictions and industries to minimize their legal risk.
Here are five key categories of documents for new hires:
1. Offer Letter
An official offer letter can be the best way to communicate with the new candidate to avoid misunderstanding about the job, salary and other terms and conditions of employment. Offer letters should at least address the following items:
- Terms of employment
- The employee’s at-will status
- Duties of the position
- Start date
- 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. I-9, Employment Eligibility Verification
Federal law requires completion of Form I-9 to verify employee’s identity and employment authorization. The USCIS has not yet released the updated I-9 Form in 2023, but the current USCIS I-9 can be used until an updated version is available.
3. Federal and State Tax Withholding Forms
Both Federal W-4 Form and California DE 4 Withholding Certificate must be provided to newly hired employees.
4. Required Pamphlets
Generally speaking, most employers in California are required to provide the following documents with new employees upon hire:
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