Do you have temporary, seasonal, part-time, on-call, inactive or “as needed” employees on your payroll? We will often ask clients “how many employees do you have?” This question is asked to determine which employment laws an employer might be subject to. The response we usually receive is the number of “active” or “regular” employees that are working and being paid on a regular basis. The employees usually forgotten in this number are the ones who are not working on a regular basis and/or those who have not been terminated in payroll.
Why does this matter? California has several employment laws which apply based on the size of the employer. And, to further complicate matters, comparing employment laws is not an apples to apples comparison. Certain laws may include independent contractors or not, part-time employees or not, full-time equivalents, or employees on a leave of absence, in the total employee count.
