Thresholds for Coverage under State Employment Laws

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1 Thresholds for Coverage under State Employment Laws January 2014 Coverage under various federal and state labor laws is generally determined by the number of individuals a company employs. As such, not all employers are covered by all of the various state employment laws that exist. It is important to know which laws apply to which company or organization, as coverage involves the imposition of important duties for employers to satisfy. Below are the coverage threshold requirements for the most important employment-related statutes, for each state. For a listing of coverage thresholds under federal laws, please see Federal Labor Laws by Number of Employees. Please note: This material is for personal use only and is protected by U.S. Copyright Law (Title 17 USC). It is provided as general information only and does not constitute and is not a substitute for legal or other professional advice. Reliance upon this material is solely at your own risk. State Number of Employees Applicable Law(s) Alabama , add 100 or more, add Fair Employment/Discrimination (age, race, color, national origin, sex, disability, religion, military) (applies to probate courts and state agencies only) Wage and Hour Law (minimum wage, overtime, etc.) Child Labor Laws Jury Duty/Court Appearance Leave Disaster /Emergency Services Leave

2 Alaska 1 or more Fair Employment/Discrimination (age, race, color, national origin, sex, disability, religion, military) Organ/Blood/Bone Donation Wage and Hour Laws Arizona , add or more, add Wage and Hour Laws Fair Employment/Discrimination (age, race, color, national origin, sex, disability, military) Disaster/Emergency Response Crime Victim Leave Employment Protection Act Workers Compensation Smoke-Free Arizona Act Trip Reduction Legislation (Maricopa County Employers)

3 FMLA Arkansas 1 2 8, add 9 49, add 50 or more, add Fair Employment/Discrimination (age) (does not apply to nonpublic workplaces with less than 3 employees) Organ Donor/Bone Marrow Donation Leave Disaster/Emergency Response Unemployment Insurance Workers; Compensation Wage and Hour Laws Fair Employment/Discrimination (disability, race, religion, sex, military ) FMLA Leave (public employers only) California 1 Domestic Worker Bill or Rights Cal/ Child Labor Law (permissible occupations, hours of work, etc.) Independent Contractors Jury Duty and Court Attendance Leave Kin Care Leave Notices and Posters Organ and Bone Marrow Donor Leave Paid Family Leave (PFL) Paid Time Off Law (vacation, holidays, etc.)

4 Pregnancy Disability Leave Act (PDLA) School Attendance Leave State Disability Insurance (SDI) Unemployment Insurance (UI) Volunteer Civil Service Leave Wage and Hour Law (garnishments, payment of wages, overtime, termination pay, etc.) Insurance 2 3, add 4, add 5 14, add 15 24, add 25 49, add California Continuation Benefits Replacement Act of 1997 (Cal- ) Discrimination and Foreign Workers Crime Victim s Leave Domestic Violence Leave Fair Employment and Housing Act (FEHA) Fair Employment Practices and Discrimination Law (age discrimination, genetic testing, etc.) Civil Patrol Air Leave Alcohol and and Rehabilitation Domestic Violence Leave: Medical Treatment Literacy Accommodation Military Spouse Leave 50 74, add or more, add Affirmative Action Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) Leave Mandatory Sexual Harassment Training Volunteer Firefighters Leave Act Colorado 1 49 disability, religion)

5 Connecticut or more, add 3 49, add FMLA School Visitation Leave Adoption Leave Domestic Violence Leave Donation Leave Disaster/Emergency Response Unemployment Insurance Workers; Compensation Wage and Hour Laws (public employers only) Fair Employment/Discrimination (age, race, color, Sexual orientation, civil union status, gender identity or expression, disability, sex, religion, national origin, military)

6 Workplace Smoking 50 74, add 75 99, add 100 or more Delaware or more, add Family Violence Leave (applies to private and public employers with 3 or more employees) Service Member Paid Sick Leave FMLA Organ/Blood/Bone Donation Leave (health insurers and motor vehicle department ony) (applies to school bus drivers, Department of Correction employees and nursing home employees) (public employers only) Sexual Orientation Discrimination (public employers only) origin, sex, military) Disability Discrimination District of Columbia 1 19 disability)

7 20 99, add 100 or more, add (applies to Department of Human Services, Commission on Mental Health Services, Department of Corrections) School Visitation Leave Domestic Violence Leave Paid Sick Leave FMLA Accrued Sick and Safe Leave Act Florida or more, add FMLA (public employers only) origin, sex, disability, military) Domestic Violence Victim Leave

8 Georgia , add 15 49, add 50 or more, add (applies to state agencies, health insurers, department of motor vehicles and commercial entitites) Age Discrimination Fair Employment Practices ( origin, sex, disability, military) Hawaii 1-49 Fair Employment Practices ( disability, military) State Temporary Disability Insurance

9 50 99, add 100 or more, add Idaho or more, add FMLA Domestic Violence Leave Pregnancy Disability Leave (applies to consumer reporting agencies and motor vehicle department) religion, national origin, race, color, sex, disability, military) Illinois 1 FMLA (public employers only)

10 2 14, add 15 24, add 25 49, add 50 99, add 100 or more, add Indiana or more, add religion, race, color, disability sexual orientation, national disability, military) Service Member FMLA Leave Domestic Violence Leave School Visitation Leave FMLA FMLA (public employers only) religion, race, color, disability, national origin, sex, military) Service Member FMLA Leave Iowa 1 3

11 (applies to public employers only) 4 24, add 25 or more, add Kansas or more, add Gender identity, disability, military) Pregnancy Disability Leave (public employers only) Sexual Orientation Discrimination (public employers only)

12 origin, sex, disability, military) FMLA Leave Kentucky , add 15 or more, add (applies to coal miners and certain state employees only) Leave Adoption Leave Sexual Orientation Discrimination (public employers only) religion, national origin, race, color, sex, military) Disability Discrimination Louisiana 1 (applies to public employers, motor vehicle department and educational facilities only) Sexual Orientation Discrimination

13 (public employers only) School Visitation Leave Leave 2 19, add 20 24, add 25 or more, add Maine , add 100 or more, add origin, sex, disability, military) Leave Pregnancy Disability Leave religion, national origin, sex, sexual orientation, disability, military) Domestic Violence Leave FMLA Leave Service Member FMLA Leave Maryland 1 (public employers only)

14 2 14, add 15 49, add 50 or more, add Massachusetts 1 2 5, add 6 49, add 50 or more, add disability, military) Adoption Leave disability, military) Adoption Leave Maternity Leave

15 School Visitation Leave Michigan 1 or more gender identity, disability, military) Minnesota , add 21 99, add Threshold is not mentioned. Plant closing requirements, disability) School Visitation Leave FMLA Leave Service Member FMLA Leave

16 applicable to private employers, are covered in the in Chapter 116L, Section 116L.976. Mississippi 1 2 or more, add Missouri or more, add religion, national origin, sex, disability, military public employers only) (applies to state agencies only) religion, national origin, sex,

17 Montana 1 or more A Montana plant closing law threshold is not specified. Plant closing requirements, applicable to public employers, are covered at Title 39, Sections through disability, military) religion, national origin, sex, sexual orientation, disability, military) (applies to state agencies and motor vehicle departments only) Pregnancy Disability Leave Nebraska 1 2, add

18 3-6, add 7 19, add Nevada or more, add All employers that provide parental leave following the birth of a child must make the same leave available to parents who adopt a child under the age of nine (or under the age of 19, if the child has special needs 15-49, add Fair Employment Practices (race, color, religion, national origin, sex, disability, military) Service Member FMLA Leave Age Discrimination Adoption Leave (applies to local government, motor vehicles departments, and data collectors only) (public employers only) disability, military) 50 or more, add School Visitation Leave New Hampshire 1 3

19 4 5, add 6 24, add 25 74, add 75 or more, add disability) Pregnancy Disability Leave Crime Victims Leave New Jersey 1 disability, military) Temporary Disability Insurance Paid Family Leave (public employers only)

20 New Mexico , add 50 or more, add Private and public employers in operation for more than 3 years 4 14, add 15 or more, add FMLA Leave (applies to commercial entities only) (applies only to state agencies in classified service) Domestic Violence Leave disability) Sexual orientation discrimination New York 1

21 Temporary Disability Insurance (public employers only) North Carolina 1 2 3, add 4-19, add 20 49, add 50 or more, add All employers that offer parental leave for the birth of a biological child must make the same amount of leave available to employee who adopt a child who is preschool age or younger (or who is up to 18 years old, if the child has a disability). 2, add disability) FMLA (public employers only) *Sick Leave (effective 10/2015) Service Member FMLA Leave Leave Sick Leave (effective 4/2014) Adoption Leave (public employers only) Domestic Violence Leave School Visitation Leave

22 3 14, add 15 24, add 25 or more, add North Dakota 1 2 or more, add origin, sex, military) Disability Discrimination origin, sex, disability) (applies to local government, motor vehicle departments and public entities only) Ohio 1 3 (commercial entities and motor vehicle departments only)

23 Oklahoma 1 4-9, add or more, add Plant closing threshold is not specified. Plant closing requirements, applicable to public and private employers, are located in Title 41, Section , add 15 or more, add gender identity, disability) FMLA Service Member FMLA Leave (public employers only) origin, sex, disability, military) Oregon 1 5 disability)

24 (applies to motor carriers and school bus drivers only) FMLA (public employers only) Leave 6 24, add 25 99, add 100 or more, add Pennsylvania 1 2 3, add 4 or more, add Court Attendance/Crime Victims Leave Domestic Violence Leave FMLA Leave Service Member FMLA Leave (public employers only) (applies to state agencies and health insurers only)

25 disability, military) Rhode Island 1 2 3, add 4 49, add 50 or more, add (public employers only) Temporary Disability Insurance disability, military) FMLA Leave Service Member FMLA Leave Crime Victims Leave School Visitation Leave South Carolina 1 (applies to state contractors only) Leave

26 2 14, add 15 19, add 20 or more, add disability, military) Leave South Dakota Plant closing threshold is not specified. Plant closing requirements, applicable to private and public employers, are covered in Title 41, Sec or more Plant closings threshold is not specified. Plant closing requirements for private and public employers can be found at Title 58, Chapter 58-18C. Age Discrimination (public employers only) (applies to state and local government and motor vehicle departments) (applies to public employers only) Fair Employment Practices (religion, national origin, sex, military, disability, religion) Leave Tennessee 1 7

27 Service Member FMLA Leave (licensed teachers only) 8 99, add 100 or more, add Texas , add origin, sex, disability, religion) FMLA Leave Wage and Hour Laws (applies to commercial motor vehicle drivers, child care employees, and towing operators) (public employers only) Fair Employment Practices age, (religion, race, color, national origin, genetic information, sex, disability)

28 100 or more, add Act Utah or more, add (public employers only) religion, national origin, sex, disability, religion) Vermont 1 14 religion, national origin, sex, sexual orientation, disability, military)

29 10-14, add 15 or more, add FMLA Leave School Visitation Leave Virginia 1 or more religion, national origin, sex, sexual orientation, disability, military) (applies only to restaurants, educational, healthcare, and recreational facilities, and retail establishments of at least 1,000 square feet serving the public) Washington 1-7 (applies to commercial drivers only) Domestic Violence Leave Family Leave Insurance

30 8-49, add 50 or more, add West Virginia , add 12 or more, add religion, national origin, sex, sexual orientation, disability, military) Pregnancy Disability Leave FMLA Leave Service Member FMLA Leave (applies to educational institutions, motor vehicle departments and state agencies only (applies to correctional facilities and state employees only) religion, national origin, sex, disability, military) Wisconsin 1 49 religion, national origin, sex, sexual orientation, disability, religion) (applies to employers with public work projects only)

31 Wyoming 1 50 or more, add 2 or more, add religion, national origin, sex, disability, military) FMLA (public employers only)

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