Forums

Clarification of number of employees
Legal Forum
Clarification of number of employees
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I'm looking for some clarification when a requirement states "over 50 employees" or the like. Our company has 178 emps but all over the country. Some locations only have 2 o4 3 emps, others 52. Let's
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36223

Forums » Topic Forums » Legal Forum » Clarification of number of employees

You must be logged in to contribute. Log in | Register
 
Forums  »  Topic Forums  »  Legal Forum  »  Clarification of number of employees

Clarification of number of employees

posted at 10/27/2009 10:06 AM EDT
Posts: 38
First: 7/8/2008
Last: 11/18/2010
I'm looking for some clarification when a requirement states "over 50 employees" or the like. Our company has 178 emps but all over the country. Some locations only have 2 o4 3 emps, others 52. Let's take Cobra...would only the location with 50 emps have it or would all locations being a part of a company of over 178?
New post Reply to this post

Clarification of number of employees

posted at 10/28/2009 4:29 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
It is my understanding that 50 employees for COBRA is total employee count regardless of location. Title VII and ADA are also total employees. The only regulations I have seen with location clarification is FMLA or other types of state leave.

And note that many states have differing employee requirements for state versions of laws (for example COBRA in Minnesota covers employers with just 2 employees). Whichever is lower and favors the employee rules.
New post Reply to this post

Clarification of number of employees

posted at 10/28/2009 4:31 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
One other note on COBRA...are the employees at the location with 2 employees eligible for/participating in the company's health insurance plan? If not, they wouldn't be eligible for COBRA. So it would become a moot point. If they are eligible for the plan, they would be eligible for COBRA.
New post Reply to this post

Clarification of number of employees

posted at 11/3/2009 6:53 AM EST
Posts: 38
First: 6/22/1999
Last: 11/3/2009
Doesn't COBRA apply to employers with over 20, not 50, employees? And don't forget about the mini-COBRAs required in many states.
New post Reply to this post

Clarification of number of employees

posted at 11/3/2009 7:52 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Thanks Anne for catching that -- yes it is 20 and FMLA is 50...got the two mixed up....my mistake!
New post Reply to this post

Forums » Topic Forums » Legal Forum » Clarification of number of employees

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

  • Workforce Technology (Bi-weekly)

    Covering the latest technology trends, tools and applications that are shaping the workforce in the 21st century. Delivered the 2nd & 4th Thursday of each month.

  • Dear Workforce (Bi-weekly)

    See what HR professionals are asking, and what Workforce Management experts are saying. Delivered the 1st and 3rd Thursday of each month.

  • Workforce Benefits (Weekly)

    Stay current on all aspects of employee benefits, from health care to retirement issues. Delivered on Wednesdays.

  • Workforce Week (Weekly)

    Free weekly update on the trends in HR and new tools added to Workforce.com. Delivered each Tuesday.

  • Workforce Talent (Monthly)

    See the recruiting, talent development and retention strategies of top companies and get the resources for effective talent management. Delivered the 2nd Monday of each month.

  • Workforce Training (Monthly)

    Stay current on the latest strategies and resources for training and developing your workforce talent. Delivered the 3rd Monday of each month.

HR Jobs
View All Job Listings

Search