As your company grows, it's important to understand that as you add employees, the employment regulations your company falls under change as well.
Congratulations! Your company has grown, business is booming and you have hired more employees to help you meet the new demand.
As your company grows, it's important to understand that as you add employees, the employment regulations your company falls under change as well. So, while you are managing additional payroll, scheduling and benefit responsibilities, be sure to also keep these laws and their regulatory obligations in mind.
It's also important to note that while this article focuses on federal laws, many state and local laws are also based on company size, so be sure to research those as well.
Here are some of the federal laws a company should consider based on the number of employees:
One or More Employees
Fair Labor Standards Act (FLSA). Often referred to as the “wage-and-hour law," FLSA defines key concepts including employees and independent contractors; exempt and non-exempt; overtime; minimum wage; nursing mothers; compensable and non-compensable time—travel, breaks, and sleeping; child labor; payday requirements; and recordkeeping.
Immigration Reform and Control Act (IRCA). This establishes requirement to only employ workers who are authorized to work in the U.S. and to verify eligibility using the Form I-9, as well as recordkeeping requirements.
Occupational Safety and Health Act (OSHA). OSHA establishes the requirement to provide a safe and healthy workplace for employees.
Uniformed Services Employment and Reemployment Rights Act (USERRA). The act prohibits discrimination against any employee or applicant for their current or past military service and defines requirements for providing leave or rehiring employees who return from extended military service.
National Labor Relations Act (NLRA). This protects employees' rights to form a union or take other action to improve the working conditions for themselves or others.
Equal Pay Act (EPA). The EPA requires all employers to provide equal compensation to men and women who perform equal work.
Employment Retirement Income Security Act (ERISA). This establishes minimum standards for employee benefit plans—retirement, 401(k)s and health insurance—and required communication to employees.
Employee Polygraph Protection Act (EPPA). The EPPA prohibits most employers from subjecting employees or applicants to a polygraph.
Consumer Credit Protections Act (CCPA). Employers are prohibited from discharging employees for a wage garnishment and limits the max amount a wage garnishment can be.
Fair and Accurate Credit Transactions Act (FACT). This establishes protections against identity theft and how employee and applicant personal data is handled.
Health Insurance Portability and Accountability Act (HIPAA). HIPAA establishes the requirement to keep employees' health information confidential and that employers cannot receive information from health care providers without permission.
Jury Systems Improvement Act. This prohibits employers from taking adverse employment action against an employee summoned to federal jury duty service.
15 or More Employees
Title VII of the Civil Rights Act of 1964 (Title VII). This protects employees and applicants against discrimination or adverse employment action based on their being in a protected group including race, color, religion, sex, sexual orientation, gender identity or national origin.
Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA). The ADA and ADAAA establish protections for employees and applicants with a real or perceived disability which limits a major life function from discrimination in the workplace or other employment practices, as well as defines “reasonable accommodation" and its process.
Pregnancy Discrimination Act (PDA). This protects employees and applicants from discrimination due to their pregnancy, childbirth or pregnancy-related disability.
Genetic Information Nondiscrimination Act (GINA). GINA prohibits employers from using an employee's or applicant's genetic information in employment decisions.
20 or More Employees
Age Discrimination in Employment Act (ADEA). This establishes protections for employees and applicants against discrimination in employment based on being over 40 years of age.
Consolidated Omnibus Budget Reconciliation Act (COBRA). Employer-sponsored group health plans are required to offer options to eligible employees and their dependents for continuing coverage when their coverage would otherwise end due to such events as employment termination, divorce or reduced hours.
50 or More Employees
Family and Medical Leave Act (FMLA). The FMLA establishes up to 12 weeks or 26 weeks of job and benefit protection for eligible employees needing leave for a covered reason.
Affordable Care Act (ACA). This establishes the requirement to offer full-time employees qualified health insurance benefits or pay a penalty, as well as establishes recordkeeping and reporting requirements.
50 or More Employees and At Least One Federal Contract of $50,000 or More
EEO-1 report as required under the Title VII of the Civil Rights Act of 1964 (Title VII). This requires covered federal contractors and subcontractors with 50 or more employees to file an annual report with the Equal Employment Opportunity Commission (EEOC) providing a breakdown of their employees' demographics data—race, ethnicity and gender—by job category.
Affirmative Action Plan (AAP) as required under Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. This requires covered employers to create programs to ensure fair employment practices and opportunities for employees in protected groups, including race, color, religion, sex, sexual orientation, national origin, age, disability, genetic information, veteran status, or other factors. It also requires covered employers to file an annual AAP report to detail the demographics of their workforce as compared with the demographics in their local region, as well as their plans and initiatives to increase employment and promotion of employees in under-represented groups.
50 or More Employees and At Least One Federal Contract of $150,000 or More
VEVRAA Affirmative Action Plan (AAP) as required under the Vietnam Era Veterans' Readjustment Assistance ACT (VEVRAA). This requires covered employers to create programs to ensure fair employment practices and opportunities for employees who are protected veterans. It requires covered employers to file an annual VEVRAA AAP report to detail the demographics of their workforce and their initiatives to increase employment and promotion of employees who are veterans.
100 or More Employees
Workers Adjustment and Retraining Notification Act (WARN ACT). This establishes the requirement for employers to provide 60-day advanced notice to employees who will be impacted by a covered closing or mass layoff.
EEO-1 Report as required under the Title VII of the Civil Rights Act of 1964 (Title VII). Employers with 100 or more employees are required to file an annual report with the Equal Employment Opportunity Commission (EEOC) providing a breakdown of their employees' demographics data by job category.
Paige McAllister is vice president, HR compliance, The Workplace Advisors. The Workplace Advisors is the endorsed HR partner of Big “I" Hires, the Independent Insurance Agents of Virginia, Big I New York, and Big I New Jersey.
Let The Workplace Advisors help you stay on top of the federal and state regulations as you grow. Enroll in our HR Support Plan to have access to personal guidance, monthly compliance updates, and support creating or updating your employee handbook to meet these changes.