California New Hire Forms and Notices: I-9, DE 4, and CalSavers

A California new hire forms checklist runs longer than most employers expect. Before or during an employee’s first days on the job, you need to complete federal Form I-9, collect a federal W-4 and a California DE 4, hand over a Wage Theft Prevention Act notice, distribute several state pamphlets and notices, register the hire with CalSavers if you don’t sponsor a retirement plan, and report the hire to the Employment Development Department. Each piece has its own deadline, and the penalties range from a $24 fine to a misdemeanor.

Deadlines at a Glance

By the end of day one: employee completes Section 1 of Form I-9; W-4 and DE 4 collected; WTPA notice and required pamphlets delivered.
Within three business days of the first day: you complete Section 2 of Form I-9 (day one if the job lasts under three days).
Within 20 calendar days of the first day: report the hire to the EDD on form DE 34.
Within 30 days of the hire date: upload employee information to CalSavers if the mandate applies to you.
Within seven calendar days of any change: issue an updated WTPA notice, unless the change appears on a timely wage statement.

Form I-9: Employment Eligibility Verification

Every U.S. employer must complete Form I-9 for each new hire to confirm identity and legal authorization to work.¹ The employee fills out Section 1 no later than their first day of work; they can start earlier, but not before accepting the offer. You then examine the employee’s documents and complete Section 2 within three business days of that first day. If the person will work fewer than three days total, Section 2 is due on day one.²

The employee chooses which documents to present: one from List A, or one from List B plus one from List C. Telling an employee which specific document to bring is a violation, even if you’re trying to move things along.²

Remote Document Examination

Employers enrolled in E-Verify and in good standing may verify documents remotely under a DHS-authorized alternative procedure instead of examining them in person. The option has to be offered consistently at a given hiring site. You can limit it to remote hires while examining onsite employees’ documents in person, but you cannot pick and choose based on citizenship, immigration status, or national origin.³ E-Verify itself is voluntary for most California private employers; federal contractors with certain contract clauses are the main exception.

Tax Withholding: W-4 and DE 4

New hires fill out two separate withholding forms because California’s brackets and deductions differ from the federal system.

Federal Form W-4

The W-4 lets you withhold the correct amount of federal income tax.⁴ It asks for filing status, information about dependents, and any adjustments for additional income or deductions beyond the standard deduction.⁵

California Form DE 4

The DE 4 handles California personal income tax withholding and is entirely separate from the W-4. Employees use it to claim state withholding allowances and, in some cases, exemption from state withholding if they had no tax liability last year and expect none this year.⁶

If a new hire doesn’t turn in a DE 4, you must withhold as though they are single with zero allowances. That is typically the maximum, so employees who skip this form will see noticeably smaller paychecks until they submit one.⁶

Wage Theft Prevention Act Notice

Labor Code section 2810.5 requires you to give every new employee a written notice at the time of hire containing specific details about the job, pay, and your business. The Division of Labor Standards Enforcement provides a fill-in template.⁷ The notice must include:

Rate of pay, basis of pay (hourly, salary, piece rate, commission), and any applicable overtime rate.
The regular payday you’ve designated.
Your legal business name, any DBAs, physical address, mailing address, and phone number.
If you’re a staffing agency, the name and contact information of the client company where the employee will actually work.
Your workers’ compensation carrier’s name, address, phone number, and policy number (or your self-insurance certificate number).
How the employee accrues and can use paid sick leave under your policy.
Whether any active state or federal disaster declaration affects the employee’s work location.

The notice must be in the language you normally use for employment communications with that employee. When any of the information changes, you have seven calendar days to issue an updated notice, unless the change already appears on a timely wage statement.⁸

State Pamphlets and Notices to Hand Over

California requires several agency pamphlets and informational notices at the time of hire. Each is tied to a specific code section, and failing to provide one can undermine your defense if an employee later claims they weren’t told about a benefit.

EDD Benefit Pamphlets

The Employment Development Department requires three publications for each new hire: “For Your Benefit” (DE 2320), which covers unemployment insurance, disability insurance, paid family leave, and reemployment services; the Disability Insurance Provisions (DE 2515); and the Paid Family Leave brochure (DE 2511). All three are downloadable from the EDD.⁹

Workers’ Compensation Notice

Labor Code section 3550 requires every employer that carries workers’ compensation insurance to post a notice in a visible workplace location and to give new hires information about their rights under the system: your insurance carrier, who handles claims, the right to medical care and to consult an attorney, and the time limits for reporting injuries. Failing to post the notice is a misdemeanor and creates a legal presumption that you don’t carry workers’ compensation insurance at all.¹⁰

Harassment Prevention and Victims’ Rights Notices

The California Civil Rights Department requires employers to display and distribute information about protections against discrimination and harassment under the Fair Employment and Housing Act.¹¹ You must also give each new hire a notice about the rights of victims of domestic violence, sexual assault, and stalking under Labor Code sections 230 and 230.1, which includes protections like time off for court appearances, medical treatment, and obtaining restraining orders. The DIR publishes a downloadable version.¹²

CalSavers Registration

If you don’t already sponsor a qualified retirement plan (a 401(k), SEP IRA, SIMPLE IRA, or similar), California law requires you to register for CalSavers and facilitate payroll-deduction retirement savings. The mandate covers any employer with at least one California-based employee who is 18 or older.¹³

You must upload each new eligible employee’s information to the CalSavers portal within 30 days of their hire date. The employee then has 30 days to opt out; if they make no choice, they’re automatically enrolled with contributions deducted from their paycheck.¹³ Government entities, religious organizations, and tribal organizations are exempt.

Reporting the Hire to the EDD

Within 20 calendar days of a new employee’s first day of work, you must report the hire to the EDD through California’s New Employee Registry. Submit it using the Report of New Employee(s) form (DE 34), either online through e-Services for Business or by mail or fax.¹⁴ Every California employer is covered: businesses, nonprofits, government agencies, and household employers, regardless of how many people you employ.¹⁵

A late report carries a $24 penalty per unreported employee. If the EDD determines that you and the employee intentionally agreed to withhold the information or submit a false report, the penalty jumps to $490.¹⁵

How Long to Keep Everything

Form I-9 must stay on file for three years after the hire date or one year after employment ends, whichever is later. A practical shortcut: if someone worked for you less than two years, keep the I-9 for three years from the First Day of Employment date. If they stayed longer, keep it for one year after they leave.¹⁶

Federal employment tax records, including W-4 forms, must be kept at least four years after the tax is due or paid, whichever is later.¹⁷ On the state side, Government Code section 12946 requires employers to retain personnel files, including applications, employment actions, and related records, for at least four years after creation or after a termination. Because the DE 4, WTPA notice, signed acknowledgments, and most other onboarding documents count as personnel records, the practical rule is straightforward: keep everything at least four years, and keep I-9s under their own longer-of-two formula.

1
U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification
2
USCIS. Form I-9 Instructions
3
U.S. Citizenship and Immigration Services. Remote Document Examination
4
Internal Revenue Service. About Form W-4, Employee’s Withholding Certificate
5
Internal Revenue Service. Form W-4, Employee’s Withholding Certificate
6
Employment Development Department. Employee’s Withholding Allowance Certificate (DE 4)
7
California Legislative Information. California Labor Code Section 2810.5
8
California Department of Industrial Relations. Notice to Employee (Labor Code Section 2810.5)
9
Employment Development Department. Required Notices and Pamphlets
10
California Legislative Information. California Labor Code Section 3550
11
California Department of Industrial Relations. Required Posters and Notices
12
California Department of Industrial Relations. Victims of Domestic Violence Leave Notice
13
CalSavers. CalSavers Employer Information
14
Employment Development Department. California’s New Employee Registry
15
Employment Development Department. California New Employee Registry FAQs
16
U.S. Citizenship and Immigration Services. Retaining Form I-9
17
Internal Revenue Service. Employment Tax Recordkeeping