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Starting Work and Pay

New-Hire Paperwork, Explained: The Forms You Sign in the First Week and What Each One Does

In brief

A new employee in California fills out three forms: the employment eligibility form (Form I-9, Section 1, by the first day of paid work), the federal withholding form (Form W-4) and the California withholding form (DE 4). The employer hands over a written pay notice, several pamphlets, and files a report of the new hire with the state within 20 days.

  • Form I-9 Section 1 is completed by the first day the employee works for pay; the employer completes Section 2 within three business days of the date employment begins23.
  • Form W-4 sets federal income tax withholding and the DE 4 sets California withholding; with no DE 4 the employer must use Single with zero allowances47.
  • The pay notice under Labor Code section 2810.5 is given at hiring, in no event later than the first day services are performed8.
  • The employer reports each new hire to the EDD on a DE 34 within 20 calendar days of the first day of work for wages19.
  • A group health plan may not apply a waiting period longer than 90 days, counted in calendar days from the enrollment date18.

This page explains how the paperwork and process work. It is not legal, tax or HR advice, and this site is not a law firm.

The detail

The first week of a job produces a stack of paper, and the forms do different jobs: some prove the right to work, some tell the employer how much tax to withhold, some tell the employee how pay will work, and one is filed by the employer about the employee. This page lists each one with who completes it, the deadline and the official page. It is the hub for the starting-work pages on this site, including Form I-9: which documents to bring, how to fill out Form W-4 and California DE 4 vs the federal W-4.

Federal rules apply everywhere in the United States. California is the one state worked through here, so the pay notice, the pamphlets and the state tax form are California’s. Employees elsewhere complete the federal forms and whatever their own state requires.

The short answer

Form or notice Who completes it Deadline What it does Source
Form I-9, Section 1 Employee By the first day the employee works for pay Employee attests to name, address, date of birth and citizenship or immigration status 2
Form I-9, Section 2 Employer Within 3 business days of the date employment begins Employer examines the documents the employee chooses and certifies them 3
Form W-4 Employee Not stated on the form; with none, the employer withholds as single Sets federal income tax withholding 456
DE 4 Employee Not stated on the form; with none, Single with zero allowances Sets California income tax withholding 7
Direct deposit authorization Employee Not stated in the statute Lets the employer deposit wages in the account the employee chooses 10
Notice to Employee (Labor Code 2810.5) Employer gives it At hiring, no later than the first day of work States pay rates, payday, employer name and address, workers’ compensation carrier, sick leave rights 89
DE 2515 and DE 2511 pamphlets Employer gives them New hires, under Unemployment Insurance Code 2613 Describe disability insurance and paid family leave 111213
Workers’ compensation notice Employer gives it At hire or by the end of the first pay period Explains claims, medical care and reporting time limits 1516
Benefits enrollment forms Employee Set by the plan; waiting period capped at 90 days Enrolls the employee in the employer’s plans 18
DE 34 Employer files it Within 20 calendar days of the first day of work for wages Reports the new hire to the state registry 19

Proving the right to work: Form I-9

The employment eligibility form (Form I-9) has two halves. In Section 1 the employee enters a current legal name, address, date of birth and one citizenship or immigration status, then signs, by the first day the employee starts work for pay2. A Social Security number is optional unless the employer uses E-Verify2. An employer may not ask someone who has not yet accepted a job offer to complete Section 12.

Section 2 is the employer’s. Within three business days of the date employment begins, the employer examines the document or documents the employee presents and certifies them. The employee chooses which acceptable documents to show, and the employer cannot specify them3. One List A document, or one List B plus one List C, is enough21. The lists, the 90-day receipt rule and the E-Verify steps are on Form I-9: which documents to bring.

Employers do not file the I-9 with USCIS or ICE; they keep it1. The form edition matters: the USCIS page lists 01/20/25 as the current edition, and USCIS says the edition date is printed at the bottom of the form and the expiration date at the top1.

Withholding: Form W-4 and the DE 4

Two forms set income tax withholding, and they cover different governments. The federal Form W-4 sets only federal income tax withholding; the California DE 4 sets California personal income tax withholding. The DE 4 states that since January 1, 2020 the W-4 “is used for federal income tax withholding only”7.

Form W-4. The 2026 form has five steps: personal information and filing status, multiple jobs or a working spouse, dependents and other credits, other adjustments, and a signature6. The IRS says to ask each new employee to complete the current form, and that an employee completes a new one when personal or financial circumstances change46. If an employee gives the employer no form or an incomplete one, the employer withholds as if the employee were single or married filing separately with no entries in Steps 2, 3 or 45. The step-by-step description is on how to fill out Form W-4.

DE 4. The current copy is Rev. 56 (1-26). It asks for filing status, a number of allowances and an optional extra amount per pay period. “If you do not provide your employer a completed DE 4, your employer must use Single with Zero withholding allowance”7. The differences between the two forms are on California DE 4 vs the federal W-4.

Good to know An employee who claims exempt from withholding does so on both forms, and the claim lapses each year. The 2026 W-4 says a new form is needed by February 16, 2027 to stay exempt6. The DE 4 says February 15 each year7.

How pay will work: the pay notice and direct deposit

California employers must give a new hire a written notice at hiring under Labor Code section 2810.5. The Labor Commissioner’s FAQ says it must be provided “at the time of hiring” and “in no event later than the first day services are performed by the employee”8. The statute lists pay rates and how they are calculated, any overtime rates, allowances claimed toward minimum wage, the regular payday, the employer’s name and any “doing business as” names, the address of the main office, a telephone number, the workers’ compensation carrier’s name, address and phone number, paid sick leave rights, and any emergency or disaster declaration for the employee’s county issued in the 30 days before the first day of work9. The statute’s text does not say the employee must sign it9.

Sources disagree The Labor Commissioner’s FAQ lists seven items and does not include paid sick leave rights or the emergency declaration; the statute lists both89. The statute controls; the FAQ page may be outdated.

If any of the information changes, the employer must notify the employee in writing within seven calendar days, unless every change shows up on a timely wage statement or in another writing the law requires9. The notice must be in the language the employer normally uses for employment communications9. Employees exempt from overtime are excluded from this section9. How the wage statement itself is built is on California pay stub requirements and how to read a pay stub.

Direct deposit. California law allows an employer to deposit wages in a bank, savings and loan or credit union account “of the employee’s choice” if “the employee has voluntarily authorized that deposit”10. The statute requires voluntary authorization and does not specify a form. The authorization form itself is the employer’s own paper.

The pamphlets and notices a California employer hands over

The EDD lists three employee pamphlets: DE 2320 (programs for the unemployed), DE 2515 (the disability insurance brochure) and DE 2511 (the paid family leave brochure)14. The EDD page says they are given “when needed” and states no timing. Unemployment Insurance Code section 2613 ties the notice to new hires and to employees leaving work, and that statute is the source for the timing1314. A separate EDD notice, DE 1857A, DE 1857D or DE 1858 depending on coverage, is posted in the workplace rather than handed to each hire14.

The workers’ compensation written notice is separate. Labor Code section 3551 and 8 CCR 9880 require a notice approved by the Administrative Director, given at hire or by the end of the first pay period, in English and Spanish1516. Its content includes the insurance carrier, emergency treatment, the right to medical care, disability and death benefits and the time limits for reporting an injury16. The Civil Rights Department (CRD) says either its sexual harassment poster or its fact sheet can be distributed to meet the legal requirement17. The employer-side list is on California new-hire paperwork.

Benefits enrollment

Enrollment forms for health, retirement and other plans belong to the plan and the employer. One federal limit applies to group health coverage: a plan or issuer “must not apply any waiting period that exceeds 90 days,” and all calendar days count from the enrollment date, weekends and holidays included18. A plan may start coverage before day 91 if day 91 falls on a weekend or holiday18. The deadline to return the enrollment paperwork is in the plan’s own materials; the regulation quoted here does not set one.

What the employer files about the employee: the DE 34

California employers must report each new hire and rehire who works in California. The report, the Report of New Employee(s) (DE 34), is due within 20 calendar days of the start-of-work date, defined as “the first day services were performed for wages”19. A worker returning after at least 60 consecutive days apart counts as a rehire19. The report contains the employer’s EDD account number, federal employer identification number, name and address, and for each employee the full name, Social Security number, home address and start date19. It is filed through e-Services for Business or on paper, and the EDD also accepts a copy of the W-4 or DE 4 with the start date, EDD account number and federal employer identification number added19.

As of October 2026 the penalty is $24 for each unreported new or rehired employee, and $490 if the failure is an intentional agreement with the employee not to provide the information or if the report is false or incomplete19. Employees do not complete the DE 34.

What arrives later

The form that closes the loop comes after the year ends. The employer issues a Form W-2 reporting wages and withholding; for 2026 forms the employee copy and the filing with the Social Security Administration are both due February 1, 202720. Each box, and how it differs from the W-4 and from a 1099-NEC, is on W-2 vs W-4 vs 1099-NEC. The taxes on each pay stub are on what FICA is on your paycheck; overtime status is on exempt vs non-exempt in California; sick leave is on California paid sick leave; and the state-by-state pay stub rules are on pay stub rules by state.

When to get help

For an I-9 question, the USCIS I-9 Central pages and the M-274 Handbook for Employers are the official route1. For W-4 withholding, the IRS Tax Withholding Estimator is free4; for state withholding and the DE 34, the EDD’s Taxpayer Assistance Center is 1-888-745-3886, Monday to Friday, 8 a.m. to 5 p.m. Pacific19. A missing or incomplete pay notice, or a wage statement that does not match the notice, is a matter for the Labor Commissioner’s Office8. Paid help exists for each of these: a payroll service or an accountant for withholding, an attorney for a dispute over what was promised at hire. The reason to look for it is a specific gap in the paperwork, such as a disputed pay rate or a withholding amount that does not match the form.

Frequently Asked Questions

What forms do new employees need to fill out?

In the United States, Form I-9 (Section 1) and a federal Form W-4 are the standard two; in California the DE 4 is added for state withholding247. Direct deposit and benefits forms are the employer’s and the plan’s own paper1018.

How long does an employer have to complete Form I-9?

The employee completes Section 1 by the first day of paid work, and the employer completes Section 2 within three business days of the date employment begins23. If the job lasts fewer than three business days, Section 2 is due no later than the first day3.

What happens if a new hire does not turn in a W-4?

The employer withholds as if the employee were single or married filing separately, with no entries in Steps 2, 3 or 45. For California, with no DE 4 the employer must use Single with zero allowances7.

Does a California employer have to give a new hire a written pay notice?

Yes. Labor Code section 2810.5 requires it at the time of hiring, and the Labor Commissioner’s FAQ says no later than the first day services are performed89. Employees exempt from overtime are excluded from the section9.

Can an employer require direct deposit?

The California statute allows deposit into an account of the employee’s choice when the employee has voluntarily authorized it10. The statute quoted here says nothing about requiring it as a condition of the job.

When does a new employer report a hire to the state?

Within 20 calendar days of the first day services were performed for wages, on the DE 34, with a $24 penalty for each unreported new hire19.

How long can an employer make a new hire wait for health insurance?

A group health plan may not apply a waiting period over 90 days, counted in calendar days from the enrollment date18.

Sources (21)

  1. Form I-9, Employment Eligibility Verification — U.S. Citizenship and Immigration Services. Accessed 2026-10-13.
  2. 3.0 Completing Section 1: Employee Information and Attestation (M-274) — U.S. Citizenship and Immigration Services. Accessed 2026-10-13.
  3. 4.0 Completing Section 2: Employer Review and Verification (M-274) — U.S. Citizenship and Immigration Services. Accessed 2026-10-13.
  4. About Form W-4, Employee’s Withholding Certificate — Internal Revenue Service. Accessed 2026-10-13.
  5. Topic no. 753, Form W-4, Employee’s Withholding Certificate — Internal Revenue Service. Accessed 2026-10-13.
  6. 2026 Form W-4 — Internal Revenue Service. Accessed 2026-10-13.
  7. DE 4, Employee’s Withholding Allowance Certificate (Rev. 56 (1-26)) — California Employment Development Department. Accessed 2026-10-13.
  8. Notice to Employee (Labor Code 2810.5): Frequently Asked Questions — California Department of Industrial Relations. Accessed 2026-10-13.
  9. California Labor Code section 2810.5 — California Codes (public.law mirror). Accessed 2026-10-13.
  10. California Labor Code section 213 — California Codes (public.law mirror). Accessed 2026-10-13.
  11. DE 2515, Disability Insurance Provisions — California Employment Development Department. Accessed 2026-10-13.
  12. DE 2511, Paid Family Leave — California Employment Development Department. Accessed 2026-10-13.
  13. California Unemployment Insurance Code section 2613 — California Codes (public.law mirror). Accessed 2026-10-13.
  14. Required Notices and Pamphlets — California Employment Development Department. Accessed 2026-10-13.
  15. California Labor Code section 3551 — California Codes (public.law mirror). Accessed 2026-10-13.
  16. 8 CCR 9880, Notice to Employees — Legal Information Institute, Cornell Law School. Accessed 2026-10-13.
  17. Posters — California Civil Rights Department. Accessed 2026-10-13.
  18. 29 CFR 2590.715-2708, Prohibition on waiting periods that exceed 90 days — Legal Information Institute, Cornell Law School. Accessed 2026-10-13.
  19. New Hire Reporting — California Employment Development Department. Accessed 2026-10-13.
  20. General Instructions for Forms W-2 and W-3 — Internal Revenue Service. Accessed 2026-10-13.
  21. Acceptable Documents for Form I-9 — U.S. Citizenship and Immigration Services. Accessed 2026-10-13.

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