How Many Employees Trigger Coverage Under Federal Employment Laws?

Whether a business has one part-time employee or is a bustling corporation with hundreds on the payroll, there are employment laws that the business must follow. Unfortunately, many business owners are unaware of which laws apply or the fact that as a business grows, it will be subject to new employment laws.

This is the first of a series of three blog posts that will help businesses understand which of the major federal, New Jersey, and New York employment laws apply to their business.

Let's explore how employee numbers trigger compliance with key federal employment laws.

One Employee:

  • The Immigration Reform and Control Act of 1986 (IRCA) – requires employers to verify the identity and employment authorization of all employees.

  • Section 1 of the 1866 Civil Rights Act (Section 1981) - prohibits race discrimination.

  •  The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) - provides leave rights and job protection for military service members.

Two Employees:

  • The Fair Labor Standards Act (FLSA) establishes federal minimum wage and overtime requirements.

  • The Equal Pay Act of 1963 (EPA)- prohibits discrimination on account of sex in the payment of wages.

15 Employees:

  • Title VII of the Civil Rights Act of 1964, as amended (Title VII) - prohibits discrimination on basis of race, color, religion, sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity) or national origin.

  • The Americans with Disability Act (ADA) prohibits discrimination on the basis of a disability.

  • The Genetic Information Nondiscrimination Act of 2008 (GINA) - prohibits discrimination based on employee genetic information.

20 Employees:

  • The Age Discrimination in Employment Act (ADEA) - prohibits age discrimination against workers 40 years old or older.

50 Employees:

  • The Family and Medical Leave Act (FMLA) - provides up to 12 weeks of job protected leave for specified family and medical reasons with continuation of group health insurance.

Employment laws may seem like a tangled mess, but fear not! By understanding which laws apply to your business based on its size, you are already one step ahead of the curve. So, whether your business is a one-person show or a corporate juggernaut, take the time to ensure it is on the right side of the law.

If you have questions about your business’s employment practices, or are unsure about whether your business needs to comply with certain employment laws, please schedule a complimentary consultation with us through our online scheduling system.

Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.

Employment LawMichael Moreacompliance, FMLA, FLSA, ADEA, ADA, Title VII, EPA, Civil Rights Act, USERRA, ICRA