Legal Blogs

Hiring Employees in SoCal? 5 Documents Business Owners Need

A hiring boom is taking hold in SoCal as businesses rapidly begin reopening in the wake of the COVID-19 pandemic. As you begin bringing new employees on board, be sure to remember that each time you hire an employee, you commit to following all California and federal employment laws. To make sure that you’re remaining compliant when bringing on a new hire, you’ll want to have these five documents on hand for signatures and to keep for your records.

 

  • Tax & Government Forms (California and State)

When hiring a new employee in Southern California, you’ll need to have the proper tax forms available. Your new employee, whether they are an independent contractor or W-2 employee will need to provide you with their preferred tax withholding status (W-4) or fill out a W-9.

Confirm that you have properly classified your employee, as AB-5, which went into effect in California in January 2020 and AB 2257 (which later revised AB-5) significantly changed the employee classification parameters throughout SoCal. If you’re unsure of how to classify a new employee, consult an attorney.

Likewise, you’ll need to secure an I-9 to confirm that your new employee is authorized to work in the United States. All tax and government forms should be signed and kept on file for your records.

 

  • Employment Contract/Contractor Contract

Although many businesses don’t have a formal employment contract, that doesn’t mean you should go without one. An employment contract is an agreement between you, as the business owner, and your new employee. An employment contract sets forth the nature of the relationship between employer and employee.

If you’re bringing on a contractor, you should also have independent contractor contracts available for signature. An independent contractor contract also sets forth the terms of the engagement. Be sure to keep a signed copy in your records.

 

  • NDAs (Non-Disclosure Agreements)

Many businesses in Southern California benefit from having employees sign Non-Disclosure Agreements. NDAs are safeguards that protect private information such as intellectual property, from being shared with competitors. It is common for employers to require NDAs from both employees and independent contractors.

 

  • Applications, Resumes, CVs

Keep all applications and resumes from contractors and employees you hire. In the event of a dispute during employment, having the original application, resume, or CV on file may help protect you as an employer.

 

  •  Employee Handbook

All employees need to receive an employee handbook, which means as a business owner, you need to create an employee handbook, before hiring. Although California law does not require the distribution of an employee handbook, the Fair Employment and Housing Act (FEHA) does require that businesses that employ five or more employees distribute harassment, discrimination, and retaliation and prevention policies in writing.

As a business owner, you must comply with the FEHA act, to protect yourself in the event of litigation. Including these policies along with other policies and company organizations in an employee handbook is an even better safeguard.

 

Brown & Charbonneau: Award-Winning Business & Employment Litigation Law Firm in Orange County

Brown & Charbonneau, LLP business and employment litigation attorneys are here to help new, and existing businesses and employees throughout Southern California. Whether you need help with employment contracts, business litigation, employment claims, breach of contract claims, or general business and employment counsel, we’re here for you. Our Irvine, CA business, corporate, and employment litigation attorneys provide experienced, effective legal counsel. Please contact Brown & Charbonneau, LLP today by calling 714-505-3000. For the latest legal news, follow Brown & Charbonneau, LLP on Twitter and join us on FacebookInstagram, and LinkedIn.

Getting Legal Help in Orange County, CA

Brown & Charbonneau, LLP is a top-rated business litigation, corporate, real estate, and family law firm in Irvine, California. We are honored to be named by Best’s Lawyers® as one of the Top Law Firms in the US, including the specialty area of commercial litigation. As an AV-rated law firm, we are proud of our 10.0 Superb Client Rating from Avvo. Our top-reviewed Southern California attorneys have also earned specializations from the State Bar of California, as Certified Trial Specialists, and are included amongst the elite attorneys to be named Super Lawyers®.

Should you have any other issues involving any of the below areas of practice, please feel free to contact us.

Our website is full of valuable information and resources.  Our goal is to provide as much information as possible to assist all our clients in making fully informed decisions.  Just click any area of interest.

 

Brown & Charbonneau, LLP publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.bc-llp.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.