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New hire paperwork checklist
Every new hire needs federal forms, a state tax form and a report to the state, and many states add notices you hand over on the first day. Pick the state and your size, and this checklist lists each form and notice, when it is due, and where to get it from the agency that issues it. Nothing you type leaves your browser.
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Running a background check before the first day? Make the disclosure and authorization forms first.
The federal forms for every hire
These apply in every state. The checklist adds your state’s forms and notices around them.
- Form I-9. Have each new hire complete Section 1 by the first day of work, then examine the employee’s documents and complete Section 2 within three business days. Keep the form on file; do not send it to USCIS.
8 CFR 274a.2(b)(1)(ii) - Form W-4. Have each new hire complete and sign Form W-4 on or before the first day of work, so you can withhold the correct federal income tax. Keep it; do not send it to the IRS unless asked.
26 CFR 31.3402(f)(2)-1(a)(1) - New hire report. Report each new or rehired employee to the new-hire directory of the state where the employee works, within 20 days of hire or sooner if the state requires it.
42 U.S.C. 653a(b)(2) - Health Insurance Marketplace notice. Give every new employee, full-time or part-time and whether or not enrolled in a plan, a written notice of Marketplace coverage options at hire. Use the DOL model that fits whether you offer a health plan.
29 U.S.C. 218b(a) - COBRA general notice. If you have 20 or more employees and a group health plan, the plan administrator must send each newly covered employee and spouse a written COBRA general notice within 90 days after their coverage starts.
29 CFR 2590.606-1(b)(1)(i)
Your state’s forms and deadlines
Most states take the federal 20 days for the new hire report. These are shorter: Alabama 7 days; Maine 7 days; Georgia 10 days; Vermont 10 days; Massachusetts 14 days; Rhode Island 14 days; West Virginia 14 days; Iowa 15 days; Mississippi 15 days.
32 of the 51 add at least one notice every employer gives at hire; the last column counts them (cities, counties and special cases add more). The checklist lists each one with its law.
States that require E-Verify
Federal law does not require most private employers to use E-Verify. A federal contractor whose contract includes the FAR E-Verify clause must enroll within 30 calendar days of award and verify new hires within 3 business days after the date of hire. IIRIRA sec. 402(a), 8 U.S.C. 1324a note These states require it by their own law:
- Alabama: all employers.
Ala. Code 31-13-15(b) - Arizona: all employers.
A.R.S. 23-214(A) - Florida: private employers with 25 or more employees.
s. 448.095(2)(b)2., F.S. (2026) - Georgia: employers with more than 10 full-time employees.
O.C.G.A. 36-60-6(a), (b), (d) - Mississippi: all employers.
Mississippi Employment Protection Act, 2008 Miss. Laws S.B. 2988, s. 2(4)(b)(i) and (7) (codified at Miss. Code Ann. 71-11-3) - North Carolina: employers with 25 or more employees in North Carolina.
N.C. Gen. Stat. 64-26(a); 64-25(3)-(4) - Ohio: nonresidential construction contractors, subcontractors and labor brokers, for workers on those projects.
Ohio Rev. Code 4151.02(A) (E-Verify Workforce Integrity Act, H.B. 246, 136th G.A., effective March 20, 2026) - South Carolina: all employers.
S.C. Code Ann. 41-8-20(B) - Tennessee: employers with 35 or more full-time equivalent employees; smaller covered employers may instead keep a copy of a listed identity document.
Tenn. Code Ann. 50-1-703 (Tennessee Lawful Employment Act); TDLWD Employment Verification page - Utah: private employers with 150 or more employees (E-Verify or an equivalent federal system).
Utah Code 13-47-201(1)
Coming changes
- January 1, 2027, Connecticut. Starting January 1, 2027, every Connecticut employer with at least one employee must give new hires the paid sick leave notice. Source
- January 1, 2027, Federal. The IRS has posted a draft 2027 Form W-4. Use the 2026 form until the final 2027 version is released, then give new hires the 2027 form. Source
- January 1, 2027, Massachusetts. From January 1, 2027, use the 2027 version of the Massachusetts paid family and medical leave notice for new hires, because the contribution rate changes that day. Source
- January 1, 2027, Tennessee. Starting January 1, 2027, every Tennessee private employer with at least one employee must verify each new hire, by E-Verify or by keeping a copy of one approved identity document; employers with 35 or more full-time-equivalent employees must still use E-Verify. Source
- June 30, 2027, Washington. From June 30, 2027, Washington employers may not ask new hires to sign a noncompete at all. Source
- July 1, 2027, Maryland. Starting in July 2027, Maryland employers must give each new hire a notice about the state’s paid family and medical leave program (FAMLI); the state will publish a sample notice before then. Source
- July 1, 2027, Virginia. Starting July 1, 2027, Virginia employers with 50 or more employees must give workers written notice of their new paid sick leave rights; smaller employers follow in 2028 and 2029, with the details set by state regulation. Source
- October 1, 2027, Louisiana. Starting October 1, 2027, Louisiana new-hire reports go to the Department of Children and Family Services, office of child support; the deadline and data fields do not change. Source
- January 1, 2028, Washington. Washington’s new income tax on incomes over $1 million starts January 1, 2028; the state has not said whether employers will need to withhold it from pay. Source
- April 1, 2028, Virginia. Virginia’s paid family and medical leave program starts collecting payroll contributions on April 1, 2028 and pays benefits from December 1, 2028; employers must give each new hire a written notice of these rights. Source
Questions employers ask
Do I send the I-9 or the W-4 to the government?
No. Keep both. The I-9 stays on file in case of an inspection, and the W-4 stays with payroll unless the IRS asks for it. What goes to the state is the new hire report.
Does this cover workplace posters?
No. Posters go on the wall for everyone. This checklist covers the forms and notices you hand to, or collect from, each new hire.
Why does it ask how many employees I have?
Many state notices start at a size, and E-Verify duties do too. The checklist shows what applies at your count and lists what starts as you grow. For every federal and state line, see employment laws by number of employees.
Are you running a background check first?
A check from a screening company needs its own disclosure and authorization before you order it. The disclosure and authorization form generator writes both for your state.
Is this legal advice?
No. The checklist lists what the statutes and agencies require, with the law behind each item. Have your counsel review your onboarding for your situation.
Sources
- 8 CFR 274a.2(b)(1)(ii), Form I-9
- 26 CFR 31.3402(f)(2)-1(a)(1), Form W-4
- 42 U.S.C. 653a(b)(2), new hire reporting
- 29 U.S.C. 218b(a), Marketplace notice
- 29 CFR 2590.606-1(b)(1)(i), COBRA general notice
- IIRIRA sec. 402(a), 8 U.S.C. 1324a note, E-Verify
State and local sources: each item in the checklist links the law behind it and the agency that issues the form.
Last reviewed · General information, not legal advice.