Y & H Corporation case in "Other Types of Employment-Related Litigation" in the outline of employment law issues in part IV of this book. * Unless the statute that creates the employee limit also expressly states that the limit is jurisdictional, an employer with an employee count under the limit could still face liability in a claim or lawsuit unless it affirmatively shows that the limit precludes coverage in that situation - see the discussion of the Arbaugh v.
Such exceptions are not discussed here, but may be found by following the links to the statutes involved. Note: Many of the definitions of "employee" and "employer" in the above laws have minor exceptions that are relevant only to extremely narrow segments of the workforce. Health benefit continuation - federal lawĪdvance notice of plant closings and mass layoffs Race, color, gender, religion, national origin, disability, age (state law), genetic informationĪny, except for church and governmental** health plans Title VII, ADA, GINA, Chapter 21 (Texas Labor Code) Small Employer Health Insurance Availability Act New hire reporting within first 20 days after hireĪny employer or individual who acts in the interest of an employer toward an employeeįederal Unemployment Tax Act and Texas Unemployment Compensation Act Texas and federal new hire reporting laws Minimum wage/overtime/gender-based pay discrimination Here are the most important employment-related statutes, along with the definition of "employer", the number of employees required for coverage*, and the definition of "employee" for each law (details follow below the chart - click on the linked names of the laws to go to those details): # of EmployeesĪny employer with any employee involved in commerceĮmployee Retirement Income and Security ActĪny employer with any employee involved in commerce, or an individual who acts in the interest of an employer toward an employee It is important to know which laws apply to which company or organization, because coverage involves the imposition of important duties for employers to satisfy. Not all employers are covered by all of the various Texas and federal employment laws that exist.
THRESHOLDS FOR COVERAGE UNDER EMPLOYMENT-RELATED LAWS Thresholds for Coverage Under Employment-Related Laws