What must a California employer give new employees in writing?

Hiring paperwork is one of the compliance topics on our business law page, and owners often ask for a single list. This page collects the written items California law requires an employer to hand to new employees, drawn from the Labor Code, the Government Code, the Unemployment Insurance Code and the agencies that publish the forms. It is a compliance checklist for employers; it does not cover workplace posters except where they tie into a hire-time duty, and it is not a guide to any dispute.

How does the paperwork fit into a hire, step by step?

1. Before the first day, collect your own details. The wage notice needs the employer's legal name and every "doing business as" name, the main office address and mailing address, phone number, and the workers' compensation carrier's name, address and phone number (Labor Code section 2810.5(a)(1)).
2. Set the pay terms. Decide the rate or rates of pay, the basis (hour, shift, day, week, salary, piece or commission), overtime rates, any meal or lodging allowance credited toward minimum wage, and the regular payday.
3. Prepare the wage notice. The Labor Commissioner's template, "Notice to Employee" (DLSE-NTE), covers every required item, including paid sick leave and the emergency or disaster disclosure. Give it in the language you normally use to communicate employment information to the employee.
4. Put any commission plan in writing. Section 2751 requires a written contract that explains how commissions are computed and paid, a signed copy for the employee and a signed receipt from the employee.
5. Hand over the state notices. Give the workers' compensation new-hire notice (by the end of the first pay period at the latest), the Employment Development Department's disability insurance notice, the Civil Rights Department's sexual harassment information sheet or equivalent, the survivors-of-violence leave notice and the Labor Commissioner's workplace rights notice.
6. Offer the emergency contact option. For employees hired after March 30, 2026, the employer must give the opportunity to name an emergency contact at the time of hiring (Labor Code section 1555(b)).
7. On the first payday, give a wage statement. The itemized statement under section 226, or a separate writing given on payday, must show the amount of paid sick leave available (section 246(i)).
8. Keep copies. Keep a record of what was given and when; for the workplace rights notice, the statute requires records for three years (section 1553(e)). If an employee or applicant signs any document about getting or keeping the job, the employee must be given a copy on request (section 432).

What is on the list?

The EDD also lists two brochures to give employees "when needed": For Your Benefit (DE 2320), about unemployment and related programs, and the Paid Family Leave brochure (DE 2511). Its separate posting requirement, the Notice to Employees (DE 1857A or a related version), goes on the wall rather than in the new-hire packet.

What goes into the Labor Code 2810.5 wage notice?

Section 2810.5(a)(1) lists the contents: rates of pay and their basis, including overtime rates; any allowances claimed toward minimum wage; the regular payday; the employer's name and any DBA names; the main office's physical address and a mailing address if different; the employer's phone number; the workers' compensation carrier's name, address and phone number; the employee's paid sick leave rights; any federal or state emergency or disaster declaration for the county where the employee will work, issued within 30 days before the first day, that may affect health and safety; and anything else the Labor Commissioner deems material. A staffing agency must also identify the business where the employee will work (section 2810.5(a)(3)).

The Labor Commissioner's FAQ adds practical points. The notice can be given with other hiring materials but must be on its own form, not pieced together from a handbook. It can be given electronically if the employee can acknowledge receipt and print a copy. The signature line is optional, and a worker who will not sign should still receive the notice. The employee cannot waive it.

What changes the answer?

Whether the employee is exempt from overtime

The wage notice requirement does not apply to employees exempt from overtime under a statute or wage order, to government employees, or to employees under a qualifying collective bargaining agreement (section 2810.5(c)). The Labor Commissioner notes that exempt employees are still covered by the paid sick leave law. Classification is its own question; our page on salaried exempt status in California explains the tests the state uses.

Whether pay includes commissions

Section 2751 applies when the contemplated method of payment involves commissions. For this section only, "commission" does not include short-term productivity bonuses like those paid to retail clerks, temporary variable incentive payments that only increase pay, or bonus and profit-sharing plans unless the employer has offered a fixed percentage of sales or profits (section 2751(c)). If a commission contract expires and both sides keep working under it, its terms are presumed to continue (section 2751(b)). A handshake commission arrangement does not satisfy the statute, which is one of the exceptions noted on our page about whether a verbal business agreement is enforceable.

Whether the business uses other names

The wage notice must list every "doing business as" name the employer uses. If you operate under a brand name, make sure it is filed; our page on filing a fictitious business name in Los Angeles County explains how.

Whether pay or other details change later

Section 2810.5(b) requires written notice of changes within seven calendar days, unless the change appears on a timely wage statement or in another writing required by law within seven days. The Labor Commissioner's FAQ says a raise shown on the next pay stub needs no separate notice.

The employer's size

Most items on the list apply to every employer with employees. Some underlying rights depend on size: for example, the leave rights in Government Code section 12945.8(b) apply to employers with 25 or more employees, while the duty to inform employees in writing under subdivision (k) applies to employers generally.

Whether the worker is an employee at all

These duties run to employees, not independent contractors. California applies its own test to tell them apart; our page on employee or independent contractor status explains it.

A worked example

For example, imagine a hypothetical Glendale bakery, owned by an LLC that sells under a brand name, hiring two people in November 2026: an hourly counter clerk and an outside sales representative paid a base wage plus a percentage of the wholesale accounts she brings in.

For the clerk, the owner fills out the Labor Commissioner's Notice to Employee: the LLC's legal name and its brand name, the bakery's address and phone, the hourly and overtime rates, the regular payday, the workers' compensation carrier, the sick leave box that matches the bakery's policy, and a check of whether any emergency or disaster declaration covering Los Angeles County was issued in the 30 days before the start date. The clerk also gets the workers' compensation notice, the EDD disability insurance brochure, the Civil Rights Department's sexual harassment information sheet, the survivors-of-violence notice, the workplace rights notice and a form to name an emergency contact.

The sales representative gets the same packet plus a written commission agreement that explains how the percentage is calculated and when it is paid; she signs a receipt and keeps a signed copy. On the first payday, both wage statements show their available sick leave. As an illustration of the arithmetic only, if the bakery uses the state minimum of 40 hours, a full-time employee who has used none shows 40 hours available once that amount has been provided or accrued. The owner files copies of everything with the date given.

Common mistakes with new-hire notices

• Burying the wage notice in a handbook. The Labor Commissioner says it must be on its own form.
• Using an old template. The current template is dated November 2023 and includes the paid sick leave section and the emergency or disaster disclosure.
• Leaving out a brand name. The notice must include every DBA name.
• Paying commissions on an email or a handshake. Section 2751 calls for a written contract, a signed copy for the employee and a signed receipt.
• Forgetting the 2026 additions. The workplace rights notice and the emergency contact opportunity apply to new hires.
• Treating posters as handouts. Posting a workplace notice does not replace items the law requires you to give each employee.

What to do this week

1. Download the current Notice to Employee template from the Labor Commissioner's website and fill in your company details.
2. Get the workers' compensation new-hire notice from your insurer, which must provide it to policyholders (section 3551(c)).
3. Download the EDD's DE 2515 brochure, the Civil Rights Department's sexual harassment information sheet and survivors-of-violence notice, and the Labor Commissioner's workplace rights notice.
4. Draft or update written commission agreements for anyone paid by commission.
5. Check that your payroll provider shows available sick leave on each wage statement; our page on paid sick leave in California explains the accrual and use rules.
6. Confirm pay rates meet the local minimum; our page on the 2026 minimum wage in Glendale and Los Angeles lists the rates by city.
7. Set up a file, paper or electronic, to keep a dated copy of each notice given.

Frequently asked questions

Can I give the wage notice by email?

Yes. The Labor Commissioner's FAQ says the notice may be given electronically if there is a system for the worker to acknowledge receipt and print a copy. It should still be its own document.

Does the employee have to sign the wage notice?

No. The template's acknowledgment section is optional. If an employee refuses to sign, the Labor Commissioner says to give the notice anyway and note the refusal on your copy.

Do salaried managers get a 2810.5 notice?

Not if they are exempt from overtime, because section 2810.5(c)(2) excludes them. They are still covered by the paid sick leave law, so their wage statements must show available sick leave.

Do I need a new notice every time I give a raise?

Not if the raise is the only change and the new rate appears on the next wage statement. Other changes need written notice within seven calendar days unless they appear on a timely wage statement or another required writing.

Is a bonus plan a commission plan?

Not usually for section 2751. Bonus and profit-sharing plans fall outside it unless the employer has offered a fixed percentage of sales or profits as pay for the work.

What languages must the notices be in?

The wage notice must be in the language the employer normally uses to communicate employment information to the employee. The workplace rights notice follows a similar rule when the Labor Commissioner's template exists in that language, and otherwise may be given in English (section 1553(c)).

Do the same rules apply to independent contractors?

No. These notices are for employees. Whether a worker is really a contractor is decided under California's own test, so check that question before onboarding anyone without these documents.

How can Glendale Law help?

We help business owners understand their general obligations as employers and put practical documents and policies in place, from commission agreements to onboarding checklists. If you are also choosing a business structure, our page on what an LLC or corporation costs in California is a good starting point. Call (818) 244-9000 or request a consultation.