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Employment Laws That Apply to You

Number of Employees*

Applicable Laws

Owner & 1+

State & Federal Wage & Hour Laws, Workers' Compensation, Unemployment Compensation, ERISA, Jury Duty, Hiring Notice Obligations (Terms & Conditions), Drug Testing, Record Retention, Military Leave, I-9 Form, Polygraph, Garnishments.

Owner & 3 +

State Fair Employment Practice Laws (i.e., state discrimination laws regarding pregnancy, race, religion, age, sex, disability, etc.), posting requirements regarding Sexual Harassment.

Owner & 5+**

Smokefree workplace

Owner & 10+

OSHA record keeping.

Owner & 15 +

Title VII of the Civil Rights Act re: discrimination, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA).

Owner & 20+***

COBRA (Federal)

Owner & 25+

State Mandated Health & Safety Committee.

Owner & 50+

State Mandated Sexual Harassment Training, Federal Family Medical Leave Act (FMLA), Written Affirmative Action Plan (for federal contractors).

Owner & 75+

State Family Medical Leave Act (FMLA).

Owner & 100 +

Federal WARN Act, VETS-100 form, EEO-1, State Plant Closing Law.

* Some obligations may be imposed regardless of size, i.e., if the company: is a federal contractor, provides employee benefits such as a pension plan, union organized or governed by OSHA regulations due to a particular industry or occupation; Department of Transportation regulations on drug and alcohol testing, or any other regulations that may apply.

** Employers with four or fewer must have at least one work area where smoking is prohibited.

*** Employers with fewer than twenty (20) employees that provide group health insurance have state insurance continuation obligations similar to COBRA.