Ask the Advisor: I am a private employer. Does the FFCRA apply to me if I have more than 500 employees? How do I count them?

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No, if you are a private employer and employ more than 500 employees, the FFCRA does not apply to your organization. In the case of private employers, it applies only to organizations that employ fewer than 500 full-time and part-time employees within the United States.

When counting your employees, be sure to include employees on leave, temporary employees who are jointly employed by you and another employer, and day laborers supplied by a temporary agency. You do not need to include workers who are properly classified as independent contractors.

You can read more about counting employees for purposes of the FFCRA on the DOL’s Q&A page.

Kyle Cupp

Kyle Cupp is an HR certified professional author, editor, and researcher specializing in workplace culture, retention strategies, and the employee experience. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. His writing has appeared in The Daily Beast, The Week, and elsewhere.

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