Many employment law statutes apply only to those businesses that have a certain minimum number of employees. That minimum number can vary widely depending on the statute at issue. Note that there are additional exceptions that may apply to particular businesses, such as those run by religious organizations or private clubs. Some of the primary statutes are as follows:
1+ Employees - The wage and hour provisions of the California Labor Code, the federal Fair Labor Standards Act ("FLSA"), and federal Equal Pay Act generally apply to any business with even one employee.
1+ Employees - The prohibition against sexual harassment contained in the Fair Employment and Housing Act ("FEHA") apply to any business with one or more employees.
1+ Employees - The National Labor Relations Act ("NLRA"), which governs collective bargaining and relationships with unions, applies to any business with one or more employees.
1+ Employees - SB 1661, which takes effect January 1, 2004, provides up to six weeks of paid family temporary disability insurance leave and applies to any business with one or more employees.
2+ Employees - California Health & Safety Code Section 1366.21 ("Cal-COBRA") applies to any business with two or more employees.
5+ Employees - The FEHA's anti-discrimination provisions apply to employers regularly employing 5 or more employees on their payrolls, including part-time employees.
5+ Employees - An employer with 5 or more employees must allow an employee up to six weeks of leave for a normal pregnancy, or up to four months of Pregnancy Disability Leave if the employee is disabled by the pregnancy.
15+ Employees - Title VII of the Civil Rights Act (the federal anti-discrimination law) applies to employers of 15 or more employees who work each work day in a 20 day calendar period for the current or proceeding year.
15+ Employees - The federal Americans with Disabilities Act ("ADA") applies to employers of 15 or more employees for each working day in each of 20 or more calendar weeks for the current or preceding year.
20+ Employees - The federal Age Discrimination in Employment Act ("ADEA") applies to employers with 20 or more employees.
20+ Employees - The federal Consolidated Omnibus Budget Reconciliation Act ("COBRA") applies to employers with 20 or more employees.
50+ Employees - The California Family Rights Act ("CFRA") and the Family and Medical Leave Act ("FMLA") apply to employers of 50 or more persons within a 75-mile radius for each working day of a 20 day calendar period for the current or previous year. Part-time employees and those on paid or unpaid leave are counted when determining whether an employer is subject to this act.
75+ Employees - The California Worker Adjustment Retraining and Notification Act (AB 2957) becomes effective January 1, 2003. It will apply to employers of 75 or more employees, possibly including part-time employees.
100+ Employees - The federal Worker Adjustment Retraining and Notification Act ("WARN") applies to employers who employ either (1) 100 or more employees, excluding part-time employees, or (2) 100 or more employees who combine to work for 4,000 hours per week, exclusive of overtime.
