New hires usually spend their first day reviewing policies, signing essential personnel and payroll paperwork, and undergoing initial training.

For efficiency’s sake, employers might be tempted to relay those onboarding materials prior to the actual start date.  It’s best to avoid doing so because an employer must compensate its employees for all hours worked on the employer’s behalf, whether on or off company premises.

California wage orders generally define “hours worked” as time during which an employee is subject to the employer’s control, including all the time the employee is “suffered or permitted to work,” whether required to do so or not.

Take-Aways:

Ensure all employees are compensated for any and all “hours worked.”  Do not provide new hires (hourly or salaried) with new hire paperwork or other orientation materials, including the Form I-9, Employment Eligibility Verification before the actual start date.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Time to Eat – Meal Break Scheduling Requirements (April 4, 2025)
• Get in the Groove – Workplace Policy Handbook & Forms for 2025 (April 2, 2025)
• Hiring Authorized Workers – I-9 Forms Best Practices (July 5, 2024)

Cindy Bamforth
April 11, 2025