New hire packets may seem complex at first but once you figure out which documents to include, they are not difficult to put together. New hire packets can help protect your business by ensuring you have proper documents for each employee. They can also help explain certain benefits and laws to new hires. Here are 5 documents that every new hire packet in CA should include.

Please note that this is not a comprehensive list of all the documents required in CA, but rather a snap-shot of a few of the key documents.

Form I-9.

This form is nonnegotiable to have on file for each of your employees. It certifies an employee’s eligibility to work in the United States. Incomplete or missing forms can prompt hefty fines from the federal government. The I-9 is two pages long and relatively simple to complete but there are some best practices that you should have in place. For one, the employee should complete section one on their first day of employment, not before. Once the employee completes the first section, you (or your representative) should complete section two no later than 3 business days from the employee’s first day. To complete section two, employees must provide either one document from List A OR a document from List B and C. For more information on best practices, check out Form I-9 Best Practices for Restaurant Managers. When filing this form, it is important to note that you should not keep it in the employee’s file but rather in a general I-9 file that kept alongside of your employee paperwork. Completing this form is key in protecting your business from fines & penalties.

Form W-4.

Form W-4 is used to set up payroll and tells the employer how to execute employee’s taxes in payroll. It is important to note that the W-4 format changed in 2020 and employees may no longer choose allowances of 1, 2,3, etc. Rather, they have to go through and estimate the actual dollar amount of their withholdings for the year. There are resources available to make this easier, particularly the Tax Withholding Estimator, but it is best to give the employee adequate time to complete this form. You can let them take it home, just make sure you receive it back from them so you can get their taxes set up properly. You should not help your employee complete this form. It may seem like a nice gesture, but if there are errors and the employee owes a large sum of money at the end of the year, you don’t want to be held liable. For your convenience, here is a link to the latest W-4 form. All new employees should complete this specific version of the form, NOT the earlier versions.

CA Withholdings (Form DE 4)

Since the W-4 format was changed by the Federal Government in 2020, it is recommended that employers also provide employees with the CA withholdings form in their new hire packet. The set-up for this form still uses exemptions and is therefore slightly different than the W-4. It is up to the employee how they set up their taxes and again, you should not assist in completing their DE4 form. Once you receive the DE 4 from the employee, make sure you enter it properly into your payroll system. Tax set-up errors can create a lot of stress both for your employee and your restaurant. Find Form DE4 here.

Notice to Employee- Labor code 2810.5

This form is vital as it provides a summary of all relevant wage information to an employee. It should be provided to and signed off by the employee on their first day worked. Included on the form are the employee’s rate of pay, their rate of pay for overtime, any other relevant wage information, and the regular payday. Also included is your company’s workers’ compensation information and information pertaining to paid sick leave. If any of this information changes, you need to let your employee know in writing within 7 days of the change. When you complete this form, be sure to include all the information it asks for and have the employee sign off. As a best practice, keep a copy of this notice in the new hire folder AND send a copy home with the employee. Find Notice to Employee Here.

Anti-Harassment/Anti-Discrimination/Anti-Bullying Policy and sign off.

Your restaurant should have a comprehensive anti-harassment, ant-discrimination, and anti-bullying policy that all employees sign off on. This form should include all protected classes in the State of CA. It should be noted that there are more protected classes in CA than recognized by the federal government so your Anti-Harassment policy should be CA specific. The policy should also include an explanation of what to do if an employee is harassed or has witnessed harassment, which behaviors constitute harassment and bullying, and who employees should go to if they need to report inappropriate behavior. It also should also clearly outline what behavior is inappropriate. There should be sections addressing discrimination and bullying, what these behaviors are and how to notify the company if they occur. Employees should be made aware of these policies during orientation as well as in their new hire packet. This is a policy you need all employees to understand and if any issues arise, they should be dealt with promptly. You should send the policy itself home with the employee and retain the sign off sheet for your records. Doing this can help protect your business if any harassment claim is brought up. It also helps to spell out your organization’s behavior expectations. All employees, including managers should have this in their new hire packet. Additionally, within 6 months of hire, employees should receive 1 hour of sexual harassment training and managers should receive 2-hours of sexual harassment training every 2 years as mandated by the state of California.

KEY TAKE -AWAYS

There are several necessary documents that should be included in a new hire packet in CA. A few of these include the I-9, W-4, CA withholdings, Notice to Employee, and Anti-Harassment/Anti-Discrimination/Anti-Bullying policies. Having your employees complete these forms can help keep your business in compliance with federal and state regulations. Keep in mind that although these documents are a good jumping off point, there are other documents that should be included in your new hire packet and are required by the State of CA. These requirements can vary by your restaurant’s number of employees. For a complete list of documents that you should include in your new hire packet, reach out to our HR team. Let Vine Solutions help you stay compliant.

Five Documents Every CA New Hire Packet Should Include