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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My company has over 7,000 workers in the USA but the store

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My company has over 7,000 workers in the USA but the store I work in has only 4 employees. Am I still covered under ADA?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

The ADA is clear if an employer has 15 or more employees they are covered under the ADA,

wallstreetfighter :

the employer cannot claim that they only have 4 employees in the location and are not under the ADA rules,

wallstreetfighter :

if the company has over 4000 US employees, they would be covered,

wallstreetfighter :

Private employers, State and local governments, employment agencies, labor unions, and joint labor-management committees must comply with Title I of the ADA. The ADA calls these "covered entities." The term employer includes persons who are "agents" of the employer, such as managers, supervisors, and foremen, or others who act for the employer, such as temporary employment agencies and agencies used to conduct background checks on candidates. Therefore, the employer is responsible for ensuring that the actions of these agents do not violate the ADA Private employers with 15 or more employees, including part-time employees, working for them for 20 or more calendar weeks in the current or preceding calendar year, must comply with the ADA.

wallstreetfighter :

  • Also, under the ADA smaller employers with less than 15 employees can still be covered, if they are agents or function as one integrated enterprise, with another employer.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback.

wallstreetfighter :

Under EEOC regulations as well, "All employees, including part-time and temporary workers, are counted for purposes of determining whether an employer has a sufficient number of employees."

An employee is someone with whom the employer has an employment relationship. The existence of an employment relationship is most readily (but not exclusively) shown by a person's appearance on the employer's payroll.

Independent contractors are not counted as employees. This is because the work they perform is based on an independent contractual relationship, not an employment relationship.

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Customer: replied 3 years ago.

What about FMLA. does this apply to my company?

FMLA may not apply, since the FMLA is regulated by the DOL, and not the EEOC, they have different rules, as per law,

only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.”

So if the employer has 50 or more employees within the 75 miles of your site will they be required to provide FMLA.
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