How Can I Tell If I Work for a “Covered” Employer?

Are you concerned that your employer has violated your rights under a state or federal law, or that you have faced any kind of unlawful discrimination in your workplace? You likely will want to determine quickly if you are eligible to file an employment law claim, and one of the questions you will need to answer is whether your employer is a “covered” employer according to the law under which you want to file your claim. How can you tell if you work for a “covered” employer? Our Palm Beach Gardens employment law attorneys can explain.

Understanding What It Means to Work for a “Covered” Employer 

First, we want to clarify what it means to work for a “covered” employer. In short, this means you have met a requirement for filing a claim under a specific law because, as a “covered” employer, your employer was required to comply with the terms of that law.

Even if you do not work for a “covered” employer, it is important to know that you may have other options to hold an employer accountable. An attorney can help.

Each Statute Has Its Own Requirements for an Employer to Be “Covered” 

There is no single definition of a “covered” employer that applies to all laws, state or federal. Rather, each statute has its own definition of a covered employer.

Accordingly, if you want to determine whether you have protections provided by a specific employment statute, it is important to talk with a lawyer to clarify whether your employer is covered and whether you could be eligible to file a claim under that specific law.

Common Employment Laws and “Covered” Employer Details 

Under the Florida Civil Rights Act (FCRA), an employer is covered — which means that employees working for that employer can file claims under the FCRA — if the employer has at least 15 or more employees every working day in at least 20 calendar weeks in the calendar year.

Federal laws each have their own requirements for coverage. For most federal laws that provide protections against employment discrimination, employers must also have at least 15 employees to be covered, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). The Age Discrimination in Employment Act (ADEA) requires employers to have at least 20 employees to be covered.

Other federal laws work a bit differently. For example, if an employee wants to take job-protected unpaid leave under the Family and Medical Leave Act (FMLA), the FMLA has its own definition of covered employers that distinguishes between public-sector and private-sector employers. Most public employers are covered regardless of size, while most private employers are covered only if they employ 50 or more employees in at least 20 calendar workweeks.

Contact a Palm Beach Gardens Employment Law Attorney 

If you have any questions about your rights under state or federal employment laws, you should seek legal advice as soon as you can. An experienced Palm Beach Gardens employment lawyer at Sconzo Law Office can speak with you today to learn more about your circumstances and to provide you with information about your legal options as you move forward.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html

dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf