When an entrepreneur starts a business with a handful of employees, HR compliance is relatively simple.
But, as the business grows past 10, 15, 20 and, eventually, 50 employees, federal and state regulations start stacking up in ways most business owners don’t anticipate until they’re already behind.
The good news is that the owners and their benefits advisors don’t need to become employment law experts. The owners just need to know when the rules change and have a plan before they hit those thresholds.
Understanding the magic numbers
Federal employment laws kick in at specific employee counts.
At 15 employees, Title VII and the Americans with Disabilities Act apply to a business.
At 20, the Age Discrimination in Employment Act enters the picture.
At 50, the business is subject to the Family and Medical Leave Act and the Affordable Care Act’s employer mandate.
Each threshold brings new posting requirements, documentation obligations, and potential liability.
The mistake I see most often is that business owners find out about these requirements reactively, usually when a situation has already gone sideways.
If a business is at 12 employees and hiring steadily, now is the time to understand what changes at 15.
The owner and office manager should review job descriptions for ADA compliance.
The business should also review its interview process carefully, to make sure interviewers avoid questions that could create discrimination exposure. The business should also put a harassment policy in place if it doesn’t already have one.
The cost of preparing a few months early is minimal. The cost of learning these rules through an Equal Employment Opportunity Commission complaint is not.
Auditing handbooks and policies
The employee handbook that a founder created when the business had eight employees probably won’t cut it at 25. And it definitely won’t work at 50.
I recommend a policy review at each major threshold. The owner and the owner’s advisors should look specifically at leave policies, anti-discrimination language, and termination procedures.
A handbook that says nothing about FMLA leave might have been fine at 40 employees, but it creates confusion and legal exposure the moment the business has 50 employees.