Overview: New hire paperwork includes mandatory federal and state forms, such as Form I-9, as well as documents specific to the employer. Employers should have a new hire paperwork checklist to ensure they have all required documents prior to or on the employee's first day of work.
Employers may also require employees to complete additional forms, such as a payroll direct deposit authorization form, benefit enrollment forms, and an employee personal data form. Employer specific documents and forms are also usually given to an employee on or shortly after his or her first day of work. These documents can include employee handbooks and policies.
Employers may consider creating a new hire orientation packet as a one-stop shop for all the documents a new hire is required to complete. It could also include documents to assist a new hire, such as a map of the workplace, an organizational chart, and a list of contacts, including HR and the new hire's supervisor. These documents will assist employees in adapting to their new work environment.
Trends: Many states and municipalities have enacted laws ranging from paid sick leave to discrimination to worker's compensation, that require affected employers to provide new hires with a written notification of their rights under these laws. These written notifications may need to be provided in a language other than English. Many government agencies are creating model notices for employers to distribute to new employees.
Author: Melissa A. Silver, JD, Legal Editor
Updated to reflect forthcoming requirements for employers subject to an immigration worksite enforcement action.
Effective January 1, 2018, the Immigrant Worker Protection Act will require employers in California to demand that immigration enforcement agents obtain a subpoena or judicial warrant before entering nonpublic areas of their workplaces or accessing certain employee records.
Updated to reflect new hire notice requirements under amendments to the Connecticut Fair Employment Practices Act regarding pregnancy accommodation, effective October 1, 2017, and the forthcoming Massachusetts Pregnant Workers Fairness Act and Oregon scheduling law.
Updated to include amendments to the Connecticut Fair Employment Practices Act regarding new hire notice requirements, effective October 1, 2017.
Employers must use the updated version of the Form I-9, Employment Eligibility Verification, starting September 18, 2017.
Updated to reflect information regarding the rescission of Deferred Action Childhood Arrivals (DACA) and the Form I-9 with a revision date 7/17/17 N, effective September 18, 2017.
Updated to reflect information regarding the rescission of the Deferred Action for Childhood Arrivals (DACA).
President Trump has ordered an end to the Obama-era DACA program, which protected undocumented immigrants brought to the US as children from deportation. The administration set a March 5, 2018 deadline for Congress to act to preserve DACA's protections before individuals begin losing their legal status.
Updated to reflect Texas E-Verify laws for certain contractors, effective September 1, 2017.
Updated to reflect new hire notice requirements under the forthcoming Oregon scheduling law.
HR guidance on providing new hire paperwork.