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Federal Employment and Employee Thresholds

In addition to your knowledge of the product end of your business you will need to develop familiarity with the employment law issues that you must comply with.

Non-compliance can lead to high costs in lawsuits, and fines. As can be seen below, even with only one employee there are several applicable laws, and most of these laws contain record keeping requirements in addition to operational requirements. The "Acts" passed by Congress are codified in the "U.S. Code", and the regulations that provide particulars for implementation first come out in the "Federal Register", and are then incorporated in the "Code of Federal Regulations". Links to all Federal laws is available at: http://www.law.cornell.edu/

Federal Employment Requirements by Company Size

1 or more employees:

Check! Fair Labor Standards Act (FLSA) wage and hour provisions
Check! Child Labor Laws
Check! Equal Pay Act
Check! Employee Polygraph Protection Act
Check! Employee Invention Rights
Check! Immigration Reform and Control Act - Form I-9 Requirement
Check! Occupational Safety and Health Act (OSHA)
Check! Hazardous Communications Act (if hazardous materials or chemicals on site)
Check! Witholding of federal income taxes
Check! Workers' Compensation Insurance coverage
Check! Unemployment Insurance coverage
Check! Withholding of Social Security (FICA) and Medicare taxes
Check! Form 5500 required under ERISA if company offers retirement and pension plans, health plans, severance plans, etc
Check! Fair Credit Reporting Act
Check! New Hire reporting
Check! Uniformed Services Employment and Reemployment Rights Act (USERRA)
Check! National Labor Relations Act (NLRA)
Check! Civil Rights Acts of 1866 and 1871

 

2 or more employees covered by a group health plan

Check! Health Insurance Portability and Accountability Act (HIPPA)

 

15 or more employees

Check! Title VII of the Civil Rights Act of 1964
Check! Americans with Disabilities Act
Check! Pregnancy Discrimination Act

 

20 or more employees

Check! Age Discrimination of Employment Act (ADEA)
Check! Consolidated Omnibus Budget Reconciliation Act of 1983 (COBRA)

 

50 or more employees

Check! Family and Medical Leave Act (FMLA)
Check! EEO-1 Report (if company is a federal contractor or subcontractor with affirmative action requirement)

 

100 or more employees

Check! Worker Adjustment and Retraining Notification (WARN) Act
Check! EEO-1 Report required by September 30 th

 

Federal Contractors

Check! Executive Order 11246
Check! Handicapped AAP
Check! Veterans AAP
Check! Vets-100 due by September 30 th
Check! Drug Free Workplace Act
Check! Applicant Flow Chart
Check! Section 503 of the Rehabilitation Act of 1973
Check! Davis-Bacon Act wage and hour provisions of $2,000
Check! Copeland Act wage standards for all government contracts, regardless of size
Check! McNamara-O'Hara Act wage and hour provisions for federal contractors of $2,500 or more
Check! Walsh-Healy Act wage and hour provisions for federal contractors of $10,000 or more.