Guidelines
This list does not include all federal and state employment laws, but it does provide the numbers of employees required for an employer to be covered under these laws. There are 21 federal employment laws that apply to employers with at least one employee.Coverage for some of the laws also depends on requirements other than number of employees.
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COMPLIANCE THRESHOLDS
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|
Federal Statutes
|
Minimum Employees
|
| Consumer Credit Protection Act |
1
|
| Drug-Free Workplace Act of 1988 |
1
|
| Electronic Communications Privacy Act of 1986 (ECPA) |
1
|
| Employee Polygraph Protection Act of 1989 (EPPA) |
1
|
| Employee Retirement Income Security Act (ERISA) |
1
|
| Employee Right-to-Know Laws (Hazardous Chemicals in Workplace) |
1
|
| Equal Pay Act (EPA) |
1
|
| Executive Order 11246 (Affirmative Action) |
1
|
| Fair Labor Standards Act of 1938 (FLSA) |
1
|
| Federal Income Tax Withholding |
1
|
| Federal Insurance Contribution Act (FICA) |
1
|
| Federal Unemployment Tax Act (FUTA) |
1
|
| Health Insurance Portability and Accountability Act of 1996 (HIPAA) |
1
|
| Immigration and Nationality Act |
1
|
| Immigration Reform and Control Act of 1986 (IRCA) |
1
|
| Labor-Management Relations Act of 1947/National Labor Relations Act |
1
|
| Occupational Safety & Health Administration Compliance Assistance Authorization Act of 1998 |
1
|
| Occupational Safety and Health Act of 1970 |
1
|
| Personal Responsibility & Work Opportunity Reconciliation Act of 1996 |
1
|
| Uniformed Services Employment & Re-Employment Rights Act of 1994 (USERRA) |
1
|
| Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) |
1
|
| Mental Health Parity Act of 1996 (MHPA) |
2
|
| Newborns’ and Mothers’ Health Protection Act of 1996 (NMHPA) |
2
|
| Pregnancy Discrimination Act (PDA) |
2
|
| Americans with Disabilities Act of 1990 (ADA) |
15
|
| Civil Rights Act of 1964 – Title VII – Equal Employment Opportunities |
15
|
| Civil Rights Act of 1991 |
15
|
| Age Discrimination in Employment Act of 1967 |
20
|
| Consolidated Omnibus Benefits Reconciliation Act (COBRA) |
20
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| Older Workers Benefit Protection Act (OWBPA) |
20
|
| Family and Medical Leave Act of 1993 (FMLA) |
50
|
| Worker Adjustment and Retraining Notification Act of 1989 (WARN) |
100
|
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Download a PDF (64K) for compliance thresholds tables sorted by employee number and by statute name; both have links for more information.
Disclaimer
This material was developed for use by State and Local Association Executives. Some of the information may not be applicable to other audiences. This guide is intended to provide accurate and authoritative information with regard to the subject matter covered. Although every effort has been made to ensure the accuracy and completeness of this information, the authors and editors of this guide cannot be responsible for any errors or omissions. This guide is not a substitute for legal or technical advice. Associations that need legal or technical advice should obtain opinions from their own legal or technical advisors.
Consulting Services Available from NAR Human Resources
Fee-based consulting services are available from NAR's Human Resources Department. For more information, contact Donna Garcia, Director Human Resource Services, at dgarcia@realtors.org, (312) 329-8311.
