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Hiring Your First Employee

California New-Hire Paperwork: Every Form, Notice and Pamphlet an Employer Must Provide, With the Agency Page for Each

Checked October 2026 · Not advice

In brief

A California employer completes or hands over a set of forms, notices and pamphlets for a new hire, and four items carry deadlines: Form I-9 Section 1 by the employee’s first day, Section 2 within three business days, the Labor Code section 2810.5 pay notice at the time of hiring, and the DE 34 new-hire report within 20 calendar days.

  • Form I-9, Form W-4 and the DE 4 are completed by the employee; the employer completes I-9 Section 2 and keeps the form123.
  • The DE 34 goes to the Employment Development Department (EDD) within 20 calendar days of the start date, with a $24 penalty per employee reported late as of October 20267.
  • The EDD pamphlets are DE 2515, DE 2511 and DE 2320; the notice to post is DE 1857A, DE 1857D or DE 185810.
  • The workers’ compensation pamphlet and the notice of rights of victims of domestic violence, sexual assault and stalking go to new hires1213.
  • Nothing the agency pages name requires an offer letter or an employee handbook15.

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.

This page lists each form, notice and pamphlet in one table with who completes it, the deadline and the agency page it comes from. It is the paperwork stage of hiring your first employee in California. The same forms from the employee’s side, and what each one does, are on new-hire paperwork, explained.

The short answer

Item Form or notice Who completes it Deadline Agency page
Employment eligibility Form I-9, Section 1 The employee No later than the first day of employment USCIS handbook, section 3.01
Employment eligibility Form I-9, Section 2 The employer Within three business days of the date employment begins USCIS handbook, section 4.02
Federal withholding Form W-4 (the 2026 revision is current) The employee signs; the employer makes it effective With the first wage payment IRS Hiring Employees45
California withholding DE 4 The employee The employer must use it once an employee gives one EDD Employer’s Guide6
New-hire report DE 34 The employer Within 20 calendar days of the start-of-work date EDD New Hire Reporting7
Pay notice Notice to Employee, Labor Code section 2810.5 The employer At the time of hiring, no later than the start date Labor Commissioner FAQ89
Disability insurance brochure DE 2515 The employer gives it The EDD page states no date EDD Required Notices10
Paid family leave brochure DE 2511 The employer gives it The EDD page states no date EDD Required Notices10
Programs for the unemployed DE 2320 The employer gives it The EDD page states no date EDD Required Notices10
Harassment The Civil Rights Department’s sexual harassment fact sheet (or its poster) The employer distributes The CRD page states no date CRD Posters11
Workers’ compensation The workers’ compensation pamphlet The employer gives it to new hires The DWC FAQ states no date DWC FAQ12
Domestic violence leave rights Notice of Rights of Victims of Domestic Violence, Sexual Assault and Stalking The employer gives it To all new employees DIR Before the First Employee Starts13
Paid sick leave The paid sick leave poster plus the individualized section 2810.5 notice The employer Poster displayed; notice at hire DIR paid sick leave FAQ14

The federal forms

Form I-9. The employee completes Section 1 “no later than the employee’s first day of employment”; a preparer or translator may help, but the employee signs and dates1. The employer completes Section 2 “within three business days of the date employment begins,” or no later than the first day of work if the job lasts fewer than three business days. The employer examines original, unexpired documents in the employee’s physical presence; the employee chooses which acceptable documents to present; a physical street address is used, not a P.O. box2. The USCIS handbook index says it is “Current as of July 2026”2. The form stays with the employer for “three years after the date of hire, or one year after the date employment ends, whichever is later,” and is not mailed to USCIS3.

Form W-4. The employer gets a signed Form W-4 and makes it effective with the first wage payment. If an employee gives none, the employer withholds as if the employee were single. A replacement W-4 takes effect no later than the start of the first payroll period ending on or after the 30th day after it is received, and an employee claiming exempt submits a new one by February 15 to stay exempt the next year4.

The California forms

DE 4. The EDD’s 2025 Employer’s Guide says “Use of the DE 4 is no longer optional”: when an employee gives one, the employer uses it to calculate California personal income tax withholding. An employee who files no DE 4 can be withheld on the existing federal W-4, and a DE 4 claiming exempt is valid only for the calendar year, with a new one due by February 156. The differences are on California DE 4 vs the federal W-4.

DE 34. The report covers each newly hired or rehired employee; a rehire counts only after a separation of at least 60 consecutive days. It carries the employer’s account number, branch code if assigned, FEIN, business name, address and contact, and the employee’s name, Social Security number, home address and start date7. As of October 2026 the penalty is $24 per employee not reported on time, or $490 if the failure is an intentional agreement with the employee not to provide the information or to provide false or incomplete information7. Paper options are a mailed or faxed report or a copy of the W-4 or DE 4 with the start date, account number and FEIN added7.

The section 2810.5 notice. “At the time of hiring, an employer shall provide to each employee a written notice,” in the language the employer normally uses with the employee8. The statute lists rates of pay and overtime, the employer’s name and any “doing business as” names, addresses and telephone number, the workers’ compensation carrier, and sick leave rights; changes are given in writing within seven calendar days unless shown on a timely wage statement or another required writing8. Employees of the state or a political subdivision, employees exempt from overtime by statute or wage order, and certain employees under qualifying collective bargaining agreements are excluded8. The Labor Commissioner’s FAQ says the agency’s template is not mandatory if the employer’s own notice has all the required information, the acknowledgment-of-receipt section is optional, and “employers should keep a record of the notices”9.

The pamphlets and notices

EDD brochures. The EDD page lists DE 2515 (Disability Insurance Provisions), DE 2511 (Paid Family Leave) and DE 2320 (For Your Benefit: California’s Programs for the Unemployed) as what to give employees; the 2025 Employer’s Guide says “Post the DE 1857A and provide a DE 2320, DE 2511, and DE 2515 to each of your employees”106. Three notice numbers cover posting, one per employer type: DE 1857A for unemployment, disability and paid family leave employers, DE 1857D for unemployment only, DE 1858 for disability and paid family leave only10.

Good to know The Department of Industrial Relations’ Required Posters page still lists the EDD notice under an older number, DE 1275A, and the harassment notice under its old DFEH-162 name16. The EDD’s own page lists the current numbers as DE 1857A, DE 1857D and DE 185810. This page uses the EDD’s current numbers.

Civil Rights Department. For sexual harassment, “either the poster or the fact sheet can be distributed to employees to meet legal requirements”11. The fact sheet is named by title here; the CRD page does not show a form number for it.

Workers’ compensation. New hires get the workers’ compensation pamphlet and the notice to employees is posted. Failing to post is a misdemeanor and can carry a civil penalty up to $7,000 per violation12.

Domestic violence, sexual assault and stalking. The employer gives the notice to all new employees, and to existing employees who request it. The Labor Commissioner publishes English and Spanish versions, and an employer’s own notice is acceptable if “substantially similar in content and clarity”13.

Paid sick leave. The employer displays the paid sick leave poster and gives most employees the individualized section 2810.5 notice; the pay stub or a document issued the same day shows the sick leave available14. The accrual rules are on California paid sick leave.

Later in the year the EDD also requires an Earned Income Tax Credit notice to employees of unemployment-insurance-subject employers, in two mailings; bulletin-board posting does not satisfy it10.

Not required: an offer letter and a handbook

An offer letter and an employee handbook. No agency page cited here requires either. California’s default is stated in Labor Code section 2922: “An employment, having no specified term, may be terminated at the will of either party on notice to the other”15. The things California does require in writing, from the pages above, are the section 2810.5 notice, the posted and distributed notices, and the written Injury and Illness Prevention Program, covered on the two written plans every California employer needs. What an offer letter binds is on offer letter vs employment contract.

A paid route for Form I-9, beside the free one

The site earns a commission on some links to payroll and HR services, which does not affect what is described. As of October 2026 Gusto’s pricing page lists a Remote I-9 add-on at $20 per submission and an E-Verify add-on at $5 per submission “on top of” Remote I-9; both are add-ons sold separately from its payroll plans, which start at $49 a month plus $6 per person17. The free route is USCIS’s own Form I-9 and the handbook above, and E-Verify, which the E-Verify site calls “the only free, fast, online service of its kind”18. Remote examination of documents is described in the USCIS handbook as possible for E-Verify participants2.

When to get help

The free official routes are the USCIS handbook for the I-9, the EDD’s new-hire reporting registry (1-916-657-0529, Monday to Friday, 8 to 5 Pacific) and the Labor Commissioner’s FAQ on the section 2810.5 notice279. A reason to ask a payroll service, an accountant or an attorney from this page is an I-9 error, since USCIS says improper completion can lead to civil money penalties, or a DE 34 already late, where the penalty is $24 per employee27.

Frequently Asked Questions

What are the mandatory forms for a new hire in California?

Form I-9, Form W-4 and the DE 4 are completed at hire; the employer files the DE 34 within 20 calendar days and provides the section 2810.5 notice at the time of hiring14678.

What paperwork do new hires fill out?

The employee completes Section 1 of Form I-9, Form W-4 and the DE 4. The employer’s own notices and pamphlets are handed over separately146.

What must employers give employees in California?

The section 2810.5 notice, the EDD brochures DE 2515, DE 2511 and DE 2320, the workers’ compensation pamphlet, the domestic violence rights notice, and the CRD harassment fact sheet or poster810121311.

How long does an employer have to file the DE 34?

Within 20 calendar days of the start-of-work date for each newly hired or rehired employee7.

Is an offer letter required in California?

No agency page cited here requires one; employment without a specified term is at-will under Labor Code section 292215.

Does the DE 4 replace the federal W-4?

No. The employer uses the DE 4 for California withholding when the employee gives one, and the federal W-4 for federal withholding; an employee with no DE 4 can be withheld on the federal W-4 for California46.

How long does an employer keep Form I-9?

Three years after the date of hire or one year after employment ends, whichever is later3.

Sources

  1. 3.0 Completing Section 1, Employee Information and Attestation — U.S. Citizenship and Immigration Services, updated 04/02/2025. Accessed 2026-10-13.
  2. 4.0 Completing Section 2, Employer Review and Verification — U.S. Citizenship and Immigration Services. Accessed 2026-10-13.
  3. 10.0 Retaining Form I-9 — U.S. Citizenship and Immigration Services. Accessed 2026-10-13.
  4. Hiring Employees — Internal Revenue Service. Accessed 2026-10-13.
  5. About Form W-4 — Internal Revenue Service. Accessed 2026-10-13.
  6. 2025 California Employer’s Guide (DE 44) — California Employment Development Department. Accessed 2026-10-13.
  7. New Hire Reporting — California Employment Development Department. Accessed 2026-10-13.
  8. California Labor Code section 2810.5 — California Codes (mirror of the Labor Code). Accessed 2026-10-13.
  9. Frequently Asked Questions: Notice to Employee (Labor Code section 2810.5) — California Department of Industrial Relations, revised March 11, 2016. Accessed 2026-10-13.
  10. Required Notices and Pamphlets — California Employment Development Department. Accessed 2026-10-13.
  11. Posters — California Civil Rights Department. Accessed 2026-10-13.
  12. Answers to frequently asked questions about workers’ compensation for employers — California Division of Workers’ Compensation. Accessed 2026-10-13.
  13. Before the First Employee Starts Work — California Department of Industrial Relations, June 2017. Accessed 2026-10-13.
  14. California Paid Sick Leave: Frequently Asked Questions — California Department of Industrial Relations. Accessed 2026-10-13.
  15. California Labor Code section 2922 — California Codes (mirror of the Labor Code). Accessed 2026-10-13.
  16. Required Posters — California Department of Industrial Relations. Accessed 2026-10-13.
  17. Gusto Pricing, Plans & Fees (2026) — Gusto. Accessed 2026-10-13.
  18. What is E-Verify? — U.S. Department of Homeland Security, E-Verify. Accessed 2026-10-13.

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