Should we go over 50?

Newcomer

We are a 4 year old company that is growing. We're probably going to exceed the 50 employee mark this year. Our accountant warned us that at the 20 person threshold there were new laws that apply. He also said that at 50 people there are more that apply. We're debating on whether or not we want to pass that point. Also, how do part-time employees count in the employee number? Any suggestions on what we have to worry about over 50 would be welcomed. Thanks!

mwild31

Hi Newcomer

First, welcome to the forum - you're smart in that you've already gotten a subscription to the Law Letter for your state - they are invaluable - plus you have access to this site - so you're off to a great start.

I tried to look up your profile - however a 'time out' occured & I was unable to view it - I'm only looking because your state is not shown. Your state is important as there may be rules/regulations that are specific to your state in regards to the laundry list I'm going to provide to help get you up to speed. This list is not all inclusive & others hopefully will help fill in the blanks.

Here's the list & websites for your research:

The United States Department of Labor:

[url]http://www.dol.gov/[/url]

Their site covers issues relating to FLSA, FMLA, ADA, Affirmative Action, ERISA, COBRA, various Labor Relations information, Discrimination information, Drug-Free Work Place information, EBSA, information as it pertains to OSHA as well as a varity of other issues as it relates to employment. This site can link you to many other agency websites as well as their state offices.

Occupational Safety & Health Association:

[url]http://www.osha.gov/[/url]

The National Relations Board

[url]http://www.nlrb.gov/nlrb/home/default.asp[/url]

The Internal Revenue Service:

[url]http://www.irs.gov/[/url]

The US Citizenship and Immigration Services (formerly INS):

[url]http://uscis.gov/graphics/index.htm[/url]

Finally, google on your state - use key words like employment standards or state labor departments - this should help you locate your local state website which can direct you further in your search for applicable laws.

Good luck!

Don D

Fear of and first-time exposure to various, overwhelming labor laws can be spooky. But, as with a kidney stone, all of that will pass. Your employee numbers will ultimately be driven by your business conditions and your need for manpower to crank a profit, not by speculative fears from the accounting department. There are indeed certain programs and requirements that 'kick in' when your numbers hit new thresholds; but, big deal. You might just as easily fret over having any full timers at all and keep everybody under 30 hours or outsource your employee ownership to a temp agency in efforts to avoid having anybody receiving benefits. Those kinds of things have their place at times, but ultimately, you would surely have a non-dedicated staff of people looking for other jobs. On another subject, there are lots of us who have large government contracts - With that go the additional, hugely burdensome tasks of building and maintaining an affirmative action compliance program and satisfying government inspectors. A decision has to be made in our case as well as yours - Do I want to step up to that next level and become perhaps more profitable and have a more viable organization, or do I want to avoid the extra burdens and dances that come with it. I think, in your case, you will quickly realize that passing the 50 mark is not going to be that big of a deal.....and look what it'll do for your resume! x:-)

Leslie

Hello Newcomer - you live where I do! As above, when a company goes above 50 it seems to be driven there by business need - sometimes you just gotta go when you gotta go! You've got a bunch of great web sites listed above, and AZ doesn't have a lot of additional requirements. You have the state specific posters, that sort of thing. Good Luck and Welcome x:D!

djacobs475

Welcome to the Forum. As mwild31 said, you will find the advice and support on this forum invaluable.

We recently (about 6 weeks ago) surpassed the critical 50 number, and as a government contractor must now comply with Affirmative Action, in addition to FMLA. I have been very busy with designing the programs/processes.It was a little over-whelming at first, but has to be done to meet our business needs.