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This table is designed to help you quickly identify which employment laws affect you. Use the following chart to determine which labor laws apply to you based on the number of employees you have.
Please note: This chart provides general employment law coverage information for employers but is not all inclusive of every law that may apply to an organization and should not be construed in any way as legal advice.
To print this chart, please download the printable version.
Generally, employees who are actually on your payroll will be counted to determine if you are covered by a state or federal law. The definition of who is counted as an employee may vary depending on the legal requirement at issue. For some laws, you will include temporary employees and independent contractors to determine your employee count. Any exceptions to the general rule will be noted in the discussion of the federal or state law.
The United States Supreme Court said that enforcement agencies and courts could examine the relationship between a company and its shareholders to determine if they should be considered employees.
In Clackamas Gastroenterology Associates, P.C. v. Wells, the U.S. Supreme Court said that an individual’s right to control the business determines if they are an employee. It relied on six factors created by the Equal Employment Opportunity Commission (EEOC) as among those to be considered:
Though not exhaustive, the list illustrates the factors that enforcement agencies and courts can use to determine if shareholders, directors, officers or partners in a small business are to be treated as employees for enforcement purposes.1
1. Clackamas Gastroenterology Associates, P.C. v. Wells, 123 S. Ct. 1673 (2003)