How Do You Count the Number of Employees an Employer Has?

Generally

In determining whether an employer is covered, any worker who qualifies as an employee is counted, including part-time employees, seasonal employees, and temporary employees. Independent contractors and other non-employees, such as owners, are not counted. To be covered, the employer must have the required number of employees (15 or 20, depending on the statute) for every workday in at least 20 calendar weeks during either the same year as when the alleged discrimination occurred or the preceding year.

Employers with Interrelated Operations

In some cases, an employer that does not have enough employees by itself can still be covered if its operations are sufficiently interrelated with those of one or more other employers. In such cases, the interrelated employers are considered a single employer, and all of their employees are counted in determining coverage.

Deciding Whether an Employer Is Covered

Figuring out whether an employer has enough employees to be covered by the laws we enforce can be complicated. If you aren't sure how many employees there are, you should contact one of our field offices as soon as possible so we can make that decision. Also, keep in mind that even if an employer doesn't have enough employees to be covered by the laws we enforce, it may still be covered by state or local law. If it is, we can refer you to the state or local agency responsible for enforcing that law.