Hiring Your First Employees in California: The New Hire Checklist, Deadline by Deadline

"Hiring my first employee in California, what do I actually need to do?" If you typed something close to that, you've probably got a signed Offer Letter, a Monday start date and fourteen browser tabs that all disagree.

Picture this, it's Sunday night and your first real employee starts tomorrow. You did the hard part already. You found someone good, you agreed on pay and she said yes. Now you're at the kitchen table at 11 at night. You're wondering which forms you need, who gets them and what happens if you get one wrong.

That worry is fair. California has a lot of rules for new hires, and none of them come with a reminder. The state won't send you a heads up before a deadline, but it'll send a penalty after, which is a reminder with a bill stapled to it.

So, this is the whole checklist, in the order the deadlines hit. I'll show you the date that trips people up on day four, and how to count it so it doesn't. I'll also show you a brand new notice that most onboarding packets built before 2026 don't have.

And, there's one deadline I'd bet you miss, because it shows up months after everyone stops thinking about paperwork. It can also catch you before you think you're big enough to owe it. I'll name it in the six month section.

Before Day One, Set Up the Employer Side

Most of the scary stuff happens before anyone walks in the door. The good news is that it's mostly one time setup.

Register with the EDD. California treats you as an employer once you pay more than $100 in wages in a calendar quarter. You then have 15 days to register (EDD, Register as an Employer and the California Employer's Guide). Do it before the first payroll anyway, because your payroll company will ask for the account number.

Get workers' comp before she starts. If you have even one employee, California requires workers' compensation coverage (DWC employer FAQs). The Labor Commissioner says going without it can bring "significant criminal and civil penalties" (Before the First Employee Starts Work).

Put up the posters. After you register, the EDD sends you a notice about Unemployment, Disability and Paid Family Leave, and you post it where people will see it (EDD Required Notices). You'll also need the workers' comp poster from your carrier and the Paid Sick Leave poster. Then add the rest of the state and federal posters (DIR Required Posters and Notices). Posters are the wallpaper nobody reads, right up until an inspector does.

Use the current Form I-9. The older version expired on July 31, 2026, so use the one with a 05/31/2027 expiration date in the top corner (USCIS). If you're copying from an old packet, check that corner first.

Decide Exempt or Nonexempt before you write the Offer Letter. That one choice changes overtime, breaks and even which notices she gets. If you're not sure, my post on when to fix pay and job classification walks through the warning signs.

Check your safety paperwork. Every California employer needs a written Injury and Illness Prevention Program (DIR). Most also need a written Workplace Violence Prevention Plan under SB 553. There's a narrow exemption. It covers a workplace with fewer than 10 employees there at any given time, if it isn't open to the public and has a compliant Injury and Illness Prevention Program (Labor Code 6401.9). My workplace violence prevention guide covers what goes in the plan.

The Takeaway: set up the employer side before the start date, so day one is about her, not your paperwork.

Day One, Hand Over the Packet

Day one is mostly paper, and it's a lot of paper for someone who just wants to know where the bathroom is. Put it all in one folder before she arrives, and nothing gets lost in the shuffle.

A few of these deserve a closer look.

The wage notice is the one people get wrong. The Labor Commissioner says it can't come any later than the first day she works (DLSE FAQ). It lists her pay rate, your regular payday, your workers' comp carrier and her Paid Sick Leave rights. If any of that changes, you owe her a written update within 7 calendar days, unless the change shows on her next pay stub (Labor Code 2810.5).

The Know Your Rights notice is the brand new one I promised you. It came from SB 294 and took effect January 1, 2026. Every new hire gets it at hire, and you also have to give her the chance to name an emergency contact (Labor Code 1553 and 1555). If your onboarding packet was put together before this year, it's almost certainly missing.

The Takeaway: build the day one folder once, and reuse it for every hire after this one.

Within 3 Business Days, Finish the I-9

This is the date that trips people up on day four.

Your new hire fills out Section 1. You fill out Section 2, which means looking at her original documents and signing, within 3 business days of her first day of work for pay. USCIS gives a simple example. If she starts on Monday, Section 2 is due by Thursday (USCIS, Completing Section 2).

So, day one doesn't count, and weekends don't either. A Friday start means it's due Wednesday. Plenty of people count the start date as day one, then panic that they're late. So, put the actual due date on your calendar the morning she starts.

You're also allowed to do Section 2 early, any time after she accepts the job offer (USCIS, Completing Section 1). Early beats scrambling, every single time.

The Takeaway: write the Section 2 due date on the calendar on day one, and count from the next business day.

By the End of the First Pay Period, the Workers' Comp Notice

California requires you to give every new employee written notice about workers' comp, either at hire or by the end of the first pay period (Labor Code 3551). The state's Division of Workers' Compensation publishes a Time of Hire notice that meets the rule (DWC).

You can hand it over on day one, and I'd do exactly that. One less thing to remember is one less thing to forget.

Within 20 Days, Report the New Hire

You report every new employee to the EDD's New Employee Registry within 20 calendar days of the first day she worked for pay (EDD New Hire Reporting). You can file a DE 34 online or by mail. The EDD also accepts a copy of her W-4 or DE 4. You just add her start date, your California employer account number and your federal EIN.

The EDD says a late report can bring a $24 penalty per employee, or $490 if the employer and employee agree not to report.

If your payroll company says it handles new hire reporting, ask to see the confirmation. Most of the time it's true, and a quick look at the confirmation lets you stop wondering.

The Takeaway: check the new hire report in week two, not month two.

Within 6 Months, the Deadline That Sneaks Up

Here's the one I said I'd bet you miss. It's Harassment Prevention Training.

California requires it once you have 5 or more workers. That means 2 hours for supervisors and 1 hour for everyone else, within 6 months of hire, then every 2 years (Government Code 12950.1). A new supervisor gets 2 hours within 6 months of becoming a supervisor. Seasonal or temporary workers hired for less than 6 months get trained within 30 calendar days or 100 hours worked, whichever comes first.

It's easy to miss for a simple reason. Nothing happens at month six. No form arrives, nobody from the state calls and your payroll system doesn't flag it. By then everyone's busy doing the actual work you hired them for.

And, it can catch you sooner than you'd expect, because of how the state counts. The Civil Rights Department says the 5 includes workers outside California. It also counts independent contractors, volunteers and unpaid interns toward the 5 (CRD employer FAQ).

So, if you have three employees and two regular contractors, you're at five. Those two contractors count, even though they send you invoices like you're strangers.

The fix is cheap. The Civil Rights Department offers free online courses, 1 hour and 2 hours, that meet the requirement (CRD Sexual Harassment Prevention Training). Put the 6 month date on the calendar the same day you write down the I-9 date. And, if you promote your first hire to lead the next one, start a new 6 month clock for her 2 hour supervisor course.

The Takeaway: count everyone who works for you, contractors included, and calendar the 6 month date on day one.

Every Year, the Repeat Deadlines

Once you've got people, some of this comes back around.

By February 1, send the Know Your Rights notice to everyone. It's a stand alone written notice, and you can send it by email or text if she'd normally get work information that way. Keep a record of the date you sent it for 3 years (Labor Code 1553). The Labor Commissioner posts an updated template every year (DIR). The law allows a penalty of up to $500 per employee for each violation (Labor Code 1558).

Train on your Workplace Violence Prevention Plan every year, and review the plan at least once a year (Labor Code 6401.9).

Give the Survivors of Violence notice again every year, and any time someone asks for it (Government Code 12945.8).

Repeat Harassment Prevention Training every 2 years for each person.

Sort out retirement. If you don't offer a retirement plan, California's CalSavers program applies to employers with 1 or more employees. CalSavers checks your EDD filings from the prior year and sets a December 31 registration deadline (CalSavers FAQ).

Watch January 1 pay changes. California's minimum wage goes to $17.40 an hour on January 1, 2027 (DIR). Some cities and counties set it higher.

The Takeaway: put the February 1 notice and the annual trainings on a recurring calendar reminder today.

And If It Ever Goes Wrong

Nobody hires someone planning to let her go. But, it's worth knowing now that if you fire someone in California, Final Pay is due immediately (Labor Code 201). My guide to firing an employee in California covers that day step by step. The cleaner your hiring file is now, the easier that day is later.

Where I Come In

You didn't start a business to become an expert in EDD forms, and you shouldn't have to. When an owner brings me in for a first hire, we build the day one packet together and check how each role is set up. Then we load every date in this post onto one calendar. So, when a question comes up at 9 at night, you've got a real person who already knows your company. If you want the bigger picture, here's how fractional HR works for California companies.

Some things belong with an employment attorney. Call one if you're unsure whether someone is a contractor or an employee. Call one if a new hire can't produce I-9 documents, or if anyone raises a legal claim.

If any answer is "I'm not sure," that's your sign to slow down before the start date, not after. When it can't wait, put "urgent" in your message and you'll hear back within four business hours. Book time with me here, and we'll get your first hire set up right from day one.

This is the HR point of view based on experience and my understanding, not legal advice.

Common Questions

What paperwork do I need to hire my first employee in California?

Your new hire fills out Form I-9 Section 1, a federal W-4 and a California DE 4. You give her the Labor Code 2810.5 wage notice if she's Nonexempt, the EDD's DE 2515 and DE 2511 brochures and the sexual harassment information sheet. You also give her the Know Your Rights notice, the Survivors of Violence notice and the workers' comp Time of Hire notice.

How long do I have to report a new hire in California?

You have 20 calendar days from her first day of work for pay. You report to the EDD's New Employee Registry with a DE 34, online or by mail. A late report can bring a $24 penalty per employee.

When is the I-9 due for a new employee?

The employee completes Section 1 no later than the first day of work for pay. You complete Section 2 within 3 business days after that. USCIS's example is a Monday start with Section 2 due by Thursday.

Do I need harassment training if I only have a few employees?

You need it once you have 5 or more workers. California counts employees outside the state, and the Civil Rights Department also counts independent contractors, volunteers and unpaid interns toward the 5. Supervisors get 2 hours and everyone else gets 1 hour, within 6 months of hire and every 2 years after.

What is the California Workplace Know Your Rights notice?

It's a stand alone written notice required by SB 294, Labor Code 1550 to 1559, starting in 2026. You give it to every new hire at hire and to every employee by February 1 each year. The Labor Commissioner posts a free template, and you keep records of when you sent it for 3 years.

Do exempt employees get the Labor Code 2810.5 wage notice?

No. Labor Code 2810.5 doesn't apply to employees who are exempt from overtime. They still get the other day one notices, like the EDD brochures and the Know Your Rights notice.