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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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We are a small business and have 41 employees with some increase

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We are a small business and have 41 employees with some increase in business services in the near future. I know when we get to 50 employees some things change. Is this 50 full time equivalent employees? I ask because we have some very part time as needed employees who maybe work an hour or two a month. Do I add up all hours worked for everyone to determine number of employees? or does everyone count as "1 employee" no matter how little they work for us?
Thank you

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, the number '50' does not refer to full-time employees, but to the amount of employees on your employment rolls. Everyone would count as 'one' employee for the purpose of calculation, so even if someone works for 1 hour a month, they would still be an employee for that time. You may want to at least consider turning some into 1099 contractors as those would not count against the rolls and would lower the size of your entity in terms of federal designations.

Hope that helps.

Customer: replied 4 years ago.

That is great advice, had some1099 contractors. We did with some that we felt fit that. Wouldn't you know, even though they signed agreements and picked their own hours and were not directly supervised, they received unemployment benefits when we decreased hours. now we are faced with the other 1099 contractor to turn them into employees as well.

Thank you for your follow-up, Stacy.

Ah, I see. So the state claimed that they were mischaracterized employees. That does hurt that option but perhaps you can review your 'scope of control' and other federal guidelines to greater ease the split between employment and supervision, and pursue that further as an option. In any case while for discrimination purposes there is an hourly limitation on how many employees you may have in a full-time or a part-time basis, in terms of sheer size, each employee counts separately. If you want to ensure that you remain under 50, consolidate hours with individuals or bring them on board as contractors whenever feasible.

Good luck.

Customer: replied 4 years ago.

Thank you and I am appealing that decision with unemployment as they work on their own.

In response to your comment of consolidating hours, what does that mean? If I have 2 part time employees in same job and both work 20 hours, that equals 40 and what does that mean in relation to Federal Laws?


You are most welcome. In a situation where you consolidate individuals into one position and go above 30 hours a week, then that person would be entitled to benefits as per the "Affordable Care Act" (or "Obamacare" depending on perspective). That would potentially increase your botXXXXX XXXXXne and would fine you if benefits are not provided. Therefore unless you wish to provide benefits, keeping your employees under 30 hours a week would be ideal. By consolidating I do not mean hours, I mean positions--you would need to terminate or release one individual, and increase the hours of the other individual in question.

Good luck.

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