• Justin Hein

Required New Hire NTE

When hiring a new employee in California, do not forget to complete Labor Code, section 2810.5 Notice or NTE

Every employer, at the time of hiring, must provide certain notices to most employees regarding certain basic terms of employment. One oft-overlooked notice is the Labor Code, section 2810.5 Notice, also known as the Notice to Employee or NTE.

The employee must sign the NTE, receive a copy of the completed NTE, and the original NTE should be maintained in the employee personnel file.

Minimum Required Information in NTE

The NTE must contain:

  • The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.

  • Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.

  • The regular payday designated by the employer in accordance with the requirements of this code.

  • The name of the employer, including any “doing business as” names used by the employer.

  • The physical address of the employer’s main office or principal place of business, and a mailing address, if different.

  • The telephone number of the employer.

  • The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.

  • That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave, and has the right to file a complaint against an employer who retaliates.

  • Any other information the Labor Commissioner deems material and necessary.

The notice must be provided to the employee in the language the employer normally uses to communicate with the employee. And a new version of the notice needs to be provided if at anytime the above information changes. The employer must provide this written notice of change within seven calendar days, either on an updated form, a written letter, or another writing required by law, including workplace postings.

A form-fillable version of this notice can be found here:

Not the Only Required New Hire Notice

State and federal law requires California employers to provide the additional new hire documents to their employees at the time of hire:

  • Form I-9 for verifying the identity and employment authorization of individuals hired for employment in the United States. Federal law requires the employer and employee to complete Form I-9 by the third day of the employee’s work.

  • Form W-4 at the time of hire so that the employer can withhold the correct federal income tax from the employee’s pay.

  • The California Department of Industrial Relations (DIR) requires employers to provide new hires with its Time of Hire Pamphlet no later than the end of their first pay period.

  • The California Department of Fair Employment and Housing’s (DFEH) Sexual Harassment pamphlet, DFEH-185, to all new employees at the time of hire.

  • The California Employment Development Department’s (EDD) Paid Family Leave Insurance pamphlet, DE 2511, to new employees at the time of hire.

  • The EDD’s Disability Insurance Provisions pamphlet, DE 2515, must be provided to employees within five days of hire.

  • The California Labor Commissioner’s notice on the Rights of Victims of Domestic Violence, Sexual Assault and Stalking, must be given at the time of hire.

  • A policy on lactation accommodation that complies with SB 142 must also be given to employees at the time of hire. However, if you include the policy in your employee handbook that is given to new hires, there is no need to issue a separate document for this.

This list is a starting place, containing documents that are required by law. However, every employer is unique and the information provided to new employees will necessarily vary from employer to employer, and industry by industry.

Additional Recommended and Required Policies

In addition to the above required notices and pamphlets, employers should always provide written policies on the following topics:

  • Prevention of discrimination, retaliation and harassment (required by law if you have 5 or more employees)

  • Reasonable accommodation for employees with disabilities

  • Timekeeping requirements

  • Overtime

  • Meal Breaks

  • Rest Breaks

  • FMLA/CFRA leave (required by law if you have 50 or more employees)

  • New Parent leave (required by law if you have 20 or more employees)

  • Pregnancy disability leave (required by law if you have 5 or more employees)

  • Paid sick leave (required by law if you have any employees)

The above policies that are not designated as required by law are still highly recommended as they relate to the most common legal claims that employers face. Providing such policies is a powerful way to minimize the risk of getting hit with legal claims later on. The failure to have legally compliant policies may be used as evidence that you do not comply with the law. The best way to handle most of these is through use of an employee handbook.

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