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Different Laws Depending on # of Employees?? Pennsylvania

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  • Different Laws Depending on # of Employees?? Pennsylvania

    I was once told that once our non-profit company hit 20 employees that different labor laws went into effect. I can't find anything to support this. The only thing I found was something pertaining to our Health Insurance company and the fact that if we employ fewer than 20 employees, then COBRA does not apply when an employee is terminated. Can anyone help me with this? Does it matter the breakdown between full time and part time employees - or is it just once you hit that magic # of 20 employees that things change regardless of FT or PT? Again, any help I get would be greatly appreciated, but upper management will ask me for exact references as to where the information came from.

    Thank you!

  • #2
    You were told wrong.

    With very few exceptions, profit vs. non-profit only affects tax status, not the laws you are subject to.

    There is no magic number, not 20 or any other, at which suddenly you are subject to a whole new set of rules. Whoever told you that didn't know what they were talking about, and that's why you can't find anything to support it; it's not true. There are some laws that are only applicable when you have x number of employees but x varies. The only law I can think of that goes into effect at 20 employees is the one you've already discovered; COBRA. FMLA goes into effect at 50 employees; Federal discrimination laws at 15; PA state discrimination laws at 4; EEO report compliance at 100.

    Both full and part time employees count in all instances with the possible exception COBRA; if I am not mistaken COBRA requires you to count 20 ELIGIBLE employees, which may or may not include part time depending on how your insurance policy is written. ElleMD? Marketeer? mlane?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.