New hire paperwork: every form, by state

New Hire Paperwork Checklist

Company: [Company name]

Employee: [New employee name], [Job title] ([New hire or rehire])

Work state: [State where the employee works]

Start date: [Start date]

Completed by: [Who completes the paperwork]

Once, before your first hire

• ☐ Get an Employer Identification Number (EIN). The IRS says: 'You never have to pay a fee for an EIN.' (official source)
• ☐ Register with the unemployment insurance tax agency of [State where the employee works]. (official source)
• ☐ Register for state income tax withholding in [State where the employee works], if the state has an income tax. (official source)
• ☐ Check the workers' compensation rules of [State where the employee works] with its state workers' compensation office. (official source)
• ☐ Put up the required federal workplace posters, and the state posters of [State where the employee works]. (official source)

Federal forms for [New employee name]

• ☐ Form I-9, Section 1 (employee). The USCIS handbook says: 'The employee must complete Section 1 no later than the employee's first day of employment.' (official source)
• ☐ Form I-9, Section 2 (employer). The USCIS handbook says: 'Within three business days of the date employment begins, you or your authorized representative must complete Section 2.' (official source)
• ☐ Form W-4 (federal income tax withholding). The IRS says: 'Ask all new employees to give you a signed Form W-4 when they start work.' (official source)
• ☐ E-Verify case, if you are enrolled. E-Verify 'compares information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.' (official source)

State forms and filings for [State where the employee works]

• ☐ New hire report to [State where the employee works]. The federal agency page says: 'Federal law requires employers to report basic information on new and rehired employees within 20 days of hire to the state where the new employees work. Some states require it sooner.' (official source)
• ☐ State withholding certificate, if [State where the employee works] uses its own form in addition to the federal Form W-4. (official source)
• ☐ Any notice [State where the employee works] requires you to give new employees (for example about pay rate, payday or paid sick leave), as listed by the state labor department. (official source)
• California only: ☐ California wage notice at hiring (Labor Code § 2810.5): a written notice for employees who are not exempt from overtime, in the language you normally use for employment matters with them. The Labor Commissioner publishes a template notice. (official source)
• New York only: ☐ New York pay notice at hiring (Labor Law § 195(1)): written notice of the pay rate and payday, on the matching form LS 54 to LS 59 from the New York State Department of Labor, with the employee's signed acknowledgement kept on file. (official source)

[Note for you: Choose your state above to see its rule on the minimum wage, or check it with your state labor office before you send this.]

[Note for you: Choose your state above to see its rule on how often wages are paid, or check it with your state labor office before you send this.]

[Note for you: Choose your state above to see its rule on paid sick leave, or check it with your state labor office before you send this.]

Your own documents

• ☐ Signed offer letter.
• ☐ Payroll details: pay rate, pay schedule and direct deposit form (if you offer direct deposit).
• ☐ Signed acknowledgement of the handbook or key policies.
• ☐ Emergency contact form.

Keeping the records

• ☐ Keep Form I-9 on file; USCIS says: 'Do not file Form I-9 with U.S. Citizenship and Immigration Services (USCIS) or U.S. Immigrations and Customs Enforcement (ICE).' Retain it 'for three years after the date of hire, or for one year after employment is terminated, whichever is later.' (official source)
• ☐ Keep Form W-4 with the employment tax records. IRS Publication 15 says: 'Keep all records of employment taxes for at least 4 years,' and lists copies of employees' withholding certificates (Forms W-4) among them. (official source)
• ☐ Keep personnel records as described on the EEOC recordkeeping page. (official source)