Hiring Guide · 2026

New Employee Onboarding Checklist

Every form, notice, and step required when you hire someone — federal requirements plus the state-specific rules that vary by location.

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The Checklist

What to complete before and on day one

Some items are required by federal law for every employer in every state. Others depend on your state, your size, or the type of role. Use the tags to identify which apply to you.

Form I-9 — Employment Eligibility Verification Federal
Employee completes Section 1 on or before day one. You verify documents and complete Section 2 within 3 business days. Retain for 3 years from hire or 1 year after termination, whichever is later. Do not store I-9s in personnel files — keep them separately.
Federal Form W-4 — Tax Withholding Federal
Employee completes before their first paycheck. If not submitted, withhold at single rate with no adjustments. Keep on file — do not send to the IRS unless specifically requested. Use the 2026 version of the form.
State withholding form State
Most states with income tax require a separate form. Examples: California DE-4, New York IT-2104, Illinois IL-W-4, Massachusetts M-4. States without income tax (FL, TX, WA, NV, WY, SD, AK, NH, TN) don't require one. Check your state's revenue department.
New hire report to state registry Federal
Report every new hire to your state's new hire registry within 20 days of hire date (some states require 7–10 days). Most states accept online submissions. Used for child support enforcement. Penalty for non-reporting: $25–$500 per unreported hire.
Pay rate notice (written) State
Required in California (Wage Theft Prevention Act notice — must include pay rate, pay day, employer name/address, overtime rate), New York (pay rate and payday in writing), and several other states. Provide on or before day one and keep a signed copy.
Add to payroll system Federal
Enter withholding elections, pay rate, classification (exempt or nonexempt), and pay frequency. Confirm direct deposit details. Verify that the employee's FLSA classification is correct — overtime eligibility depends on it. Set up state unemployment insurance reporting.
E-Verify State (some)
Mandatory for all federal contractors and in: Arizona, Mississippi, Alabama, Georgia, North Carolina, South Carolina, Tennessee, Utah, and Colorado (for state agencies and contractors). Strongly recommended everywhere — run within 3 business days of hire.
Benefits enrollment If applicable
Provide health insurance enrollment forms and deadlines on day one. ACA requires coverage offers to full-time employees (30+ hrs/week) no later than 90 days after hire for calendar-year plans. Give the Summary Plan Description within 90 days of plan participation. Document elections and waivers.
Required workplace posters — displayed Federal
Federal: FLSA minimum wage, FMLA (50+ employees), OSHA safety rights, EEOC, NLRA, USERRA. Plus your state's posters. Remote employees: send electronic copies. Posters must be current-year versions — fines up to $17,650 per violation for OSHA posting failures.
Employee handbook acknowledgment Recommended
Have the employee sign and date an acknowledgment that they received and read the handbook. Keep in the personnel file. This is your primary evidence that the employee was informed of policies on harassment, discipline, PTO, and termination.
Required harassment prevention training State (some)
California: 1 hour for employees, 2 hours for supervisors — within 6 months of hire. New York: annual training for all employees. Illinois, Connecticut, Delaware: required. Document completion dates and keep records. Online training counts in most states.
Paid sick leave policy notice State (many)
Over 20 states and many cities require paid sick leave. Most require written notice of the policy at hire. California, New York, Illinois, Washington, Oregon, Colorado, and others each have distinct accrual and carryover rules. Provide the notice in writing at or before day one.
Workers' compensation notice State
Most states require employers to inform new hires of their workers' compensation coverage, the carrier, and how to report a workplace injury. Several states require this in writing. Post the required workers' comp notice in a visible location in the workplace.
Confidentiality / IP agreement Recommended
If the employee will have access to trade secrets, customer lists, or proprietary processes, have them sign a confidentiality agreement on day one. Note: noncompete agreements are unenforceable in California and several other states — consult counsel before including them.
State-Specific Notices at Hire

Required written notices by state

These states require specific written documents at hire, beyond the federal W-4 and I-9. Failure to provide them is a compliance violation even if you're otherwise doing everything right.

California

Wage Theft Prevention Act notice (pay rate, payday, overtime rate, employer info). EDD pamphlet (DE 2511 and DE 2515). Paid sick leave policy. Workers' comp carrier notice.

New York

Written notice of pay rate, overtime rate, pay basis, and payday. Must be in employee's primary language if a template exists. Signed copy to employer.

Illinois

Written notice of pay rate and payday. IDOL poster. Paid leave policy (Paid Leave for All Workers Act, effective 2024). Victim's Economic Security and Safety Act notice.

Washington

Written notice of pay rate, payday, pay period, and overtime status. Paid sick leave policy notice. Workers' comp rights notice.

Texas

Written notice of pay rate and payday. Workers' comp non-subscriber notice if applicable. Payday law poster.

Massachusetts

Weekly pay or statement of pay. Earned sick time policy. PFML contribution notice. MA COVID-19 emergency notice (if applicable).

Pro tip: Get your state's full new hire packet

Select your state below to see a complete compliance guide including all required notices, minimum wage, overtime rules, and leave policies — updated 2026.

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Frequently Asked Questions

New hire paperwork — common questions

What paperwork do I need when hiring a new employee?
At minimum: Form I-9, federal W-4, your state's withholding form (if applicable), and a new hire report to your state within 20 days. Many states also require a written pay rate notice, paid sick leave notice, and workers' comp information at hire.
How long do I have to complete Form I-9?
The employee must complete Section 1 on or before day one. You must complete Section 2 (document verification) within 3 business days. For employees working 3 days or fewer, both sections must be done on day one.
Do I have to report new hires to the state?
Yes. Federal law requires reporting all new hires to your state's new hire registry within 20 days. Most states allow online submission. Penalties for non-reporting range from $25 to $500 per unreported hire. It's used for child support enforcement and fraud detection.
What is the difference between exempt and nonexempt?
Nonexempt employees must receive overtime (1.5x) for hours over 40/week. Exempt employees meet salary and duties tests (generally $684+/week in a professional, executive, or administrative role) and are not entitled to overtime. Misclassifying a nonexempt employee as exempt is one of the most common wage-hour violations.
Do I need an employee handbook?
No law requires one, but it protects you. A written handbook establishes policies on attendance, discipline, PTO, and termination — all of which matter in disputes. Some policies must be in writing in certain states (California PTO policy, New York paid sick leave). Counsel can generate your policies.
What is E-Verify and am I required to use it?
E-Verify checks I-9 documents against federal databases. It's mandatory for federal contractors and in several states (AZ, MS, AL, GA, NC, SC, TN, UT). It's optional for most private employers in other states, but strongly recommended. Run it within 3 business days of hire.
When must I provide benefits information to new hires?
ERISA requires a Summary Plan Description within 90 days of plan participation. ACA requires health coverage offers to full-time employees (30+ hrs/week) within 90 days of hire for most plan years. Retirement plan timelines depend on the plan documents.

State-specific onboarding requirements

Minimum wage, required notices, paid sick leave, and hiring rules vary by state. Select yours for the full guide.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming

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