# California new hire paperwork: DE 4, the 2810.5 notice and the DE 34 report

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By [Arthur Teboul](/authors/arthur-teboul), Founder, DokuTrak. Published 2026-11-04, updated 2026-11-04.

> **In brief:** California new hire paperwork adds three parts to Form I-9 and Form W-4. The employee completes the state DE 4 withholding form ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)), and the employer hands over the § 2810.5 wage notice and EDD pamphlets, then reports the hire to the EDD New Employee Registry.

## What is the California new hire paperwork?

California asks more of employers at hiring than most states, but the extra items fall into a clear pattern. Some are forms the employee fills in, some are notices the employer must hand over, and one is a report the employer files. Sorting the packet that way keeps a notice from being mistaken for a form, or the reverse.

Here, **Form DE 4** is the Employee’s Withholding Allowance Certificate from the Employment Development Department ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)). The notice is the wage notice under Labor Code § 2810.5, which tells the employee in writing how and when they will be paid ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)). The report goes to the EDD New Employee Registry ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)).

## Who sends it, and when

The EDD publishes the DE 4, the DE 34 report form and the benefit pamphlets ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)). The Labor Commissioner, at the Department of Industrial Relations, prepares the template for the § 2810.5 wage notice ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)). The employer fills in the notice, hands over the pamphlets and files the report; the employee completes the DE 4 with the federal forms ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)).

## Where to get the California new hire paperwork

1. Start from the federal set in the [new hire paperwork](/documents/new-hire-paperwork) guide: Form I-9 and Form W-4.
2. Add the current DE 4 from the EDD forms page ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)).
3. Fill in the Labor Commissioner’s wage notice template for each non-exempt hire.
4. Print the EDD pamphlets and check that the right EDD poster is on the wall.
5. File the hire with the EDD through e-Services for Business, or by mail or fax.

## Wrong files people send instead

- Skipping the DE 4 because the employee filled in a federal Form W-4: without the DE 4, the employer must use Single with zero allowances ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)).
- Giving the wage notice to salaried exempt staff only and missing the hourly hires, who are the ones the law covers ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)).
- Changing a pay rate and not telling the employee in writing within seven calendar days, when no pay statement shows it ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)).
- Forgetting to report a rehire who left more than two months ago.

## California checklist: fill in, hand over, file

Use this as the cover sheet of a California packet. Each row names the issuing agency, so you know where to get the current version.

| Item | Column | Agency | Timing |
| --- | --- | --- | --- |
| Form DE 4, state withholding ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)) | Employee fills in | EDD | With the federal Form W-4 |
| Wage notice under Labor Code § 2810.5 | Employer hands over | Labor Commissioner template | At the time of hiring ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)) |
| Disability Insurance Provisions brochure (DE 2515) ([California EDD, Required Notices and Pamphlets](https://edd.ca.gov/en/payroll_taxes/required_notices_and_pamphlets/)) | Employer hands over | EDD | When the EDD says it is needed |
| Paid Family Leave brochure (DE 2511) ([California EDD, Required Notices and Pamphlets](https://edd.ca.gov/en/payroll_taxes/required_notices_and_pamphlets/)) | Employer hands over | EDD | When the EDD says it is needed |
| Notice to Employees poster (DE 1857A, DE 1857D or DE 1858) ([California EDD, Required Notices and Pamphlets](https://edd.ca.gov/en/payroll_taxes/required_notices_and_pamphlets/)) | Employer posts | EDD | Displayed where employees see it |
| Sexual harassment information sheet, or your own policy with the same information ([California Government Code § 12950](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12950)) | Employer hands over | Civil Rights Department | Distributed to each employee ([California Government Code § 12950](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12950)) |
| Report of New Employee(s), DE 34 ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)) | Employer files | EDD New Employee Registry | Within 20 calendar days of the start-of-work date ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)) |

## The Labor Code 2810.5 wage notice

This **wage notice** is a one-page written statement of pay terms. At hiring, the employer gives each covered employee a written notice in the language it normally uses with that employee for work matters ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)). It is often called the Wage Theft Prevention Act notice. Exempt employees, public employees and some union-covered staff are outside the rule ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)).

- Rates of pay and how they are set: hourly, shift, day, week, salary, piece or commission, with overtime rates.
- Allowances claimed as part of the minimum wage, such as meals or lodging.
- The regular payday.
- The employer’s name and any “doing business as” names, the main office address, mailing address and phone.
- The workers’ compensation carrier’s name, address and phone.
- Paid sick leave rights, and any emergency or disaster declaration for the county issued within 30 days before the first day ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)).

## The DE 4 next to the federal Form W-4

California withholding does not follow the federal Form W-4, so the employee fills in both. If the employee does not give you a completed DE 4, you must withhold as Single with zero allowances ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)).

The DE 4 also has a second use ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)). The EDD accepts a copy of the employee’s Form W-4 or DE 4 as the new hire report, if you add the start-of-work date, your California payroll tax account number and your FEIN ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)).

## Reporting to the EDD New Employee Registry

California employers report new or rehired employees who work in the state within 20 calendar days of the start-of-work date ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)). The **start-of-work date** is the first day services were performed for wages ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)). The EDD treats a returning person as a rehire after a separation of at least 60 consecutive days ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)).

1. Online: submit the Report of New Employee(s) through e-Services for Business.
2. Paper: fill in the DE 34, or a computer-generated form that follows the EDD print specifications, and mail or fax it ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)).
3. Shortcut: send the W-4 or DE 4 copy with the three employer fields added ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)).
4. Report nothing in a period with no new or rehired employees.

## Standard forms California does not require

Some of the packet is your own practice, for example the direct deposit form with a [voided check](/documents/voided-check), the emergency contact form and the handbook acknowledgment. Label these as company forms so a new hire can tell them apart from the state items above.

If the employee is a contractor rather than an employee, none of this packet applies. The EDD runs a separate report for independent contractors.

## The template: California new hire packet email

**Not advice.** This page is general information, not tax, legal or HR advice. Rules change: check the cited source and ask your own professional before you rely on it. Last reviewed October 25, 2026.

Send this to a hire who will work in California, with the DE 4 and federal forms attached. Remove the wage notice line for an exempt employee.

Subject: Your California hiring forms and pay notice, due [date]

```text
Hi [Client name],

Welcome to [Company name]. Because you will work in California, your packet has a few state items. Please return by [date]:

- Form W-4 and the California DE 4, both for tax withholding.
- Section 1 of Form I-9. On day one, bring original documents of your choice from the lists on the form.
- Direct deposit and emergency contact forms.

Attached for you to keep: your written pay notice, which sets out your pay rate, payday and sick leave rights, plus the EDD disability insurance and paid family leave brochures and our sexual harassment policy. Please sign the pay notice receipt.

Thank you,
[Your name]
```

## Questions people ask

### What are the mandatory forms for new hires in California?

Form I-9, Form W-4 and the state DE 4 from the employee ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)), plus the Labor Code 2810.5 notice from the employer for non-exempt staff ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)), and the DE 34 new hire report filed with the EDD ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)).

### When is the California new hire report due?

Within 20 calendar days of the start-of-work date, which is the first day the employee performed services for wages ([California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/)).

### What is the Wage Theft Prevention Act notice in California?

It is the written notice under Labor Code 2810.5 that tells a new non-exempt employee their pay rates, payday, employer details, workers’ compensation carrier and paid sick leave rights ([California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5)).

### What if a California employee does not fill out a DE 4?

The employer must withhold California income tax as Single with zero withholding allowances ([California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf)).

## Sources

- [California EDD, New Employee Registry (new hire reporting)](https://edd.ca.gov/en/payroll_taxes/new_hire_reporting/): Report new and rehired employees within 20 calendar days of the start-of-work date; rehire after 60 consecutive days; DE 34, e-Services, or a W-4 or DE 4 copy with three employer fields.
- [California EDD, Required Notices and Pamphlets](https://edd.ca.gov/en/payroll_taxes/required_notices_and_pamphlets/): Employers post DE 1857A, DE 1857D or DE 1858 and give employees DE 2320, DE 2515 and DE 2511 when needed.
- [California Labor Code § 2810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2810.5): Written notice at hiring with pay rates, allowances, payday, employer details, workers’ compensation carrier and sick leave rights; changes within seven calendar days; exempt employees excluded.
- [California Government Code § 12950](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12950): Every employer distributes the department’s sexual harassment information sheet to its employees, unless it provides equivalent information.
- [California EDD, Form DE 4, Employee’s Withholding Allowance Certificate](https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de4.pdf): Without a completed DE 4, the employer must use Single with zero withholding allowances.

## More on this topic

- [New hire paperwork](/documents/new-hire-paperwork)
- [Florida new hire paperwork](/documents/new-hire-paperwork/florida)
- [I-9 documents](/documents/i-9)

## About the author

Arthur Teboul (Founder, DokuTrak) is building DokuTrak after watching professionals lose hours chasing clients for documents over email. [Arthur Teboul](/authors/arthur-teboul).

How this page was made (methodology): it is built from the primary sources listed under Sources, and every rule and figure on it links to the source it comes from. Last updated October 25, 2026. Spotted an error or a rule that changed? [Contact us](/contact).

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