Often times I receive telephone calls seeeking legal advice which are prefaced by the question:
"I'm just a small employer ... does this statute apply to me?"
So one of the first questions raised is whether a particular federal statute will apply based upon the size of the work force. Because this appears to be a commonly asked question, I am providing for you a list of some of the more basic federal labor statutes (as discussed in a prior New Jersey Human Resources Blog) with an indication as to how many employees you would need to have for those statutes to apply.
So here is my basic list of federal labor statutes that would apply to corresponding sizes of employers.
Employers With 100 or More Employees:
Worker Adjustment Retraining and Notification ("WARN") Act
Employers With 50 or More Employees:
The Family and Medical Leave Act of 1993
Employers With At Lest 20 Employees:
Age Discrimination in Employment Act of 1967
Employers with 15 or More Employees:
Title VII of the Civil Rights Act of 1964
The Americans with Disabilities Act of 1990
Genetic Information and Nondiscrimination Act of 2008
Employers With Less Than 15 Employees:
Equal Pay Act of 1963
Fair Credit Reporting Act
Fair Labor Standards Act of 1938
National Labor Relations Act
Occupational Safety and Health Act of 1970
Section 1981 of the Civil Rights Act of 1866
Uniformed Services Employment Reemployment Rights Act of 1994
Immigration Reform and Control Act of 1986
(at least 4 employees)
I hope this information answers your questions as to which federal labor statutes apply to small employers.
But PLEASE remember that most states have their own statutory counterparts to these federal statutes (e.g., the New Jersey Law Against Discrimination) that may apply to a particular situation irrespective of the size of the employer.
So if you have any doubt .. CONSULT WITH YOUR LABOR / EMPLOYMENT COUNSEL!