Which US employment laws start applying at 1, 15, 20, 50 and 100 employees?
Wage and overtime rules apply from the first employee. Discrimination and disability duties start at 15, age discrimination at 20, family and medical leave at 50 within 75 miles, and layoff notice at 100. State law often starts lower.
The answer differs between the federal level and the states, see the rows below.
The answer by level
Threshold
From the first employee: minimum wage and overtime under the federal wage and hour act, for every covered employee regardless of headcount.
29 U.S.C. §§ 201 to 219, 29 CFR Parts 500 to 899Threshold
From 15 employees: the prohibition of discrimination on race, colour, religion, sex and national origin, and the duty of reasonable accommodation for disability.
42 U.S.C. §§ 2000e to 2000e-17, 29 CFR Parts 1600 to 1614Threshold
From 20 employees: the prohibition of age discrimination against workers aged 40 and over.
29 U.S.C. §§ 621 to 634, 29 CFR Part 1625Threshold
From 50 employees within 75 miles: unpaid job protected family and medical leave of up to 12 weeks for an eligible employee.
29 U.S.C. §§ 2601 to 2654, 29 CFR Part 825Threshold
From 100 employees: 60 days' written notice before a covered plant closing or mass layoff.
29 U.S.C. §§ 2101 to 2109, 20 CFR Part 639Federal level
An employer with 10 or fewer employees throughout the year is partially exempt from routine injury and illness recordkeeping, but not from reporting a fatality or a serious hospitalisation.
29 CFR § 1904.1, partial exemption for small employers
Source lines
- The federal wage and hour act covers employees individually, without a headcount threshold.
- The discrimination statutes set 15 and 20 employee thresholds counted across 20 or more calendar weeks.
- Family and medical leave requires 50 employees within 75 miles, and the notice statute applies from 100 employees.
What it means for the company
The count is a compliance trigger, not a milestone. Crossing 15 or 50 changes handbook, training and record duties in the same month.
| Level | Requirement | Source |
|---|---|---|
| Threshold | From the first employee: minimum wage and overtime under the federal wage and hour act, for every covered employee regardless of headcount. | 29 U.S.C. §§ 201 to 219, 29 CFR Parts 500 to 899 |
| Threshold | From 15 employees: the prohibition of discrimination on race, colour, religion, sex and national origin, and the duty of reasonable accommodation for disability. | 42 U.S.C. §§ 2000e to 2000e-17, 29 CFR Parts 1600 to 1614 |
| Threshold | From 20 employees: the prohibition of age discrimination against workers aged 40 and over. | 29 U.S.C. §§ 621 to 634, 29 CFR Part 1625 |
| Threshold | From 50 employees within 75 miles: unpaid job protected family and medical leave of up to 12 weeks for an eligible employee. | 29 U.S.C. §§ 2601 to 2654, 29 CFR Part 825 |
| Threshold | From 100 employees: 60 days' written notice before a covered plant closing or mass layoff. | 29 U.S.C. §§ 2101 to 2109, 20 CFR Part 639 |
| Federal level | An employer with 10 or fewer employees throughout the year is partially exempt from routine injury and illness recordkeeping, but not from reporting a fatality or a serious hospitalisation. | 29 CFR § 1904.1, partial exemption for small employers |
What it means for the individual
An employee of a company below a threshold may still be protected by state law, which frequently sets a lower or no minimum count.
Source lines
- Fair Labor Standards Act29 U.S.C. §§ 201 to 219, 29 CFR Parts 500 to 899 · read 2026-08-25 · proof 1b82f409e2684b6d
- Civil Rights Act of 1964, Title VII on equal employment opportunity42 U.S.C. §§ 2000e to 2000e-17, 29 CFR Parts 1600 to 1614 · read 2026-08-25 · proof 1b82f409e2684b6d
- Americans with Disabilities Act, Title I on employment42 U.S.C. §§ 12111 to 12117, 29 CFR Part 1630 · read 2026-08-25 · proof 1b82f409e2684b6d
- Age Discrimination in Employment Act29 U.S.C. §§ 621 to 634, 29 CFR Part 1625 · read 2026-08-25 · proof 1b82f409e2684b6d
- Family and Medical Leave Act29 U.S.C. §§ 2601 to 2654, 29 CFR Part 825 · read 2026-08-25 · proof 1b82f409e2684b6d
- Worker Adjustment and Retraining Notification Act29 U.S.C. §§ 2101 to 2109, 20 CFR Part 639 · read 2026-08-25 · proof 1b82f409e2684b6d
- Electronic Code of Federal Regulations29 CFR § 1904.1, partial exemption for small employers · read 2026-08-25 · proof 1b82f409e2684b6dOfficial source
Next step
Put the headcount on a monthly report with the four thresholds marked, and add the state thresholds for every state where staff work.
This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.
Next step
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