The following list does not include all federal and Illinois employment laws, but it does provide a snapshot view of how many employees an employer must have to be covered by the most significant laws. Remember, however, that coverage for some of the laws also depends on requirements other than the number of employees. If the number places your business on the borderline, consult further in the book for an explanation of additional requirements.
Minimum Employees | Law | Notes Regarding Applicability | Chapter Reference |
1 | Fair Labor Standards Act (FLSA) | Applies to "enterprises" with related operations performed for a common business purpose. | Wages and hours |
1 | Uniformed Services Employment and Reemployment Rights Act (USERRA) | Applies to all businesses, regardless of size. | Military leave |
1 | Occupational Safety and Health Act (OSHA) | Broad coverage includes nearly all private-sector employers. | Safety and health |
1 | Federal New Hire Reporting Requirements | The law does not currently provide a minimum number of employees for coverage. | Recruiting and Hiring |
1 | Illinois Human Rights Act | Applies to all employers. | Discrimination |
2 | Equal Pay Act (EPA) | State and federal statutes in place. | Wages and hours |
2 | Health Insurance Portability and Accountability Act (HIPAA) | Employers usually not covered by HIPAA unless they operate any sort of health care facility or self-administer health care benefits. | Health insurance portability and privacy |
3 | Illinois Workers' Compensation Law | Encompasses individuals, small businesses, corporations, and government bodies. Equally applicable to non-profit organizations. | Workers' compensation |
15 | Title VII of the Civil Rights Act of 1964 | Applies to public and private employers. | Discrimination |
15 | Americans with Disabilities Act (ADA) | Applies to private employers. | Disabilities and reasonable accommodations |
20 | Age Discrimination in Employment Act (ADEA) | Applies to public and private employers. | Discrimination |
20 | Consolidated Omnibus Reconciliation Act (COBRA) | Applies to most employers. | Health insurance continuation coverage |
50 | Family and Medical Leave Act (FMLA) | Applies to private employers with 50 or more employees in any 20-week period during the prior calendar year as well as public employers. | Family and medical leave |
75 | Illinois Worker Adjustment and Retraining Notification Act (IL min-WARN) | Applies to private for-profit business enterprises. Charitable organizations and institutions are not included. Tax-exempt institutions and organizations are also not included. | Termination |
100 | Victims' Economic Security and Safety Act (VESSA) | Applies to any private for-profit and not-for-profit business enterprise. | Other types of leave |
100 | Worker Adjustment and Retraining Notification Act (WARN) | Applies to any private for-profit and not-for-profit business enterprise. | Termination |