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So you have 50 employees? Now what?

Considerations for employees with 50+ employees under federal and California law.

Did your company just hit 50 employees? If so, there are several federal and state regulations that you need to be aware of to ensure compliance. Some of the key federal and California regulations are outlined below.PRIVATE EMPLOYERS - FEDERAL REQUIREMENTS

  • Family Medical Leave Act (FMLA)

Under the FMLA, any private-sector employer who has 50 or more employees within a 75-mile radius must provide up to 12 weeks of unpaid, job-protected leave for their employees. The law doesn't apply immediately upon reaching 50 employees; it is triggered after an employer maintains 50 employees on the payroll for a period of 20 or more calendar workweeks (not necessarily consecutive workweeks) in either the current or preceding calendar year. To be eligible, employees must have worked for the employer a total of at least 1,250 hours in the last 12 months and must have a total employment with the employer of at least 12 months.Eligible employees are entitled to up to 12 weeks of leave in a 12 month period for:

  • the birth of a child and to care for the newborn child within one year of birth
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee's spouse, child, or parent who has a serious health condition'
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;"

Eligible employees are also entitled to up to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin (military caregiver leave).As an employer, you have the responsibility to inform an employee in writing of his or her rights under FMLA, within 5 days of any absence that could be covered by FMLA.

  • Affordable Care Act

Employers with 50+ full-time or full-time equivalent (FTE) employees must provide affordable health insurance to qualified employees, or may be subject to penalties. Anyone who works at least 30 hours a week, or 130 hours a month, is considered full-time.

  • Form 5500 for ERISA Plans

Employers with plans subject to ERISA (medical, dental, 401k, retirement, for example) must complete and submit the benefit, insurance and pension plan information on Form 5500.GOVERNMENT CONTRACTORSFederal contractors must submit the EEO-1 Report outlining a count of employees by job and then by race, ethnicity and gender. (Note, employers with 50+ employees, whether full-time or part-time, must comply.)If your company has $50,000+ in government contracts, you are required to have an Affirmative Action Plan outlining equal opportunity policies and procedures for recruiting, hiring, training, and promoting minorities, women, people with disabilities, and veterans.CALIFORNIA STATE REQUIREMENTS

  • Sexual Harassment Training (CA Govt. Code Sec. 12950.1)

California employers with 50+ employees or contractors must provide sexual harassment training to managers or supervisors within six months of assuming a supervisory position, and every 2 years thereafter. Training must also address harassment based on gender identity, gender expression, and sexual orientation.

  • California Family Rights Act

California employers with 50+ employees must provide up to 12 weeks of unpaid, job-protected leave to employees for the employee's own serious health condition or to care for a family member with a serious health condition.Employees are eligible if they (1) have worked for the employer for at least 1,250 hours in the last 12 months, and (2) have worked for the employer for at least 12 months (not necessarily consecutive).Note on Baby Bonding: Under California's New Parent Leave Act, since January 2018, employers with at least 20 employees are already required to provide employees with 12 weeks of unpaid, job-protected parental bonding leave for birth, adoption or foster care placement.

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