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Where the thresholds are.

Employment law doesn’t scale gradually. It switches on at specific headcounts. Every threshold below is cumulative: an employer with 60 people carries every obligation listed for 1, 5, 15, 20, 25 and 50 as well.

42 obligations across 8 thresholds, each with its citation. Verified against the code on September 3, 2026.

2 of 8 thresholds crossed21 of 42 obligations

1+

1+ employees: Every employer

Federal law

Fair Labor Standards Act

Minimum wage, overtime, child labor.

29 U.S.C. § 201 et seq.

OSH Act

General duty to provide a safe workplace.

29 U.S.C. § 654

Equal Pay Act

Equal pay for equal work, regardless of sex.

29 U.S.C. § 206(d)

USERRA

Reemployment rights for military service members.

38 U.S.C. § 4301 et seq.

Form I-9 verification

Verify identity and work authorization for every hire.

8 U.S.C. § 1324a

California law

Minimum wage, overtime and breaks

State minimum wage, daily and weekly overtime, meal and rest periods.

Lab. Code §§ 226.7, 510, 512; IWC wage orders

Workers' compensation insurance

Coverage from the first employee. Failing to carry it is a criminal offense, not only a penalty.

Lab. Code §§ 3700, 3700.5

Paid sick leave

Accrual, use, and carryover of paid sick time.

Lab. Code § 246

FEHA (harassment)

Harassment protections apply with no employee minimum.

The 5+ threshold is for training, not for the prohibition itself.

Gov. Code § 12940(j)

Injury and Illness Prevention Program

A written safety program. The most frequently cited Cal/OSHA violation.

8 CCR § 3203

Workplace Violence Prevention Plan

Written plan, annual training, and a violent incident log.

The under-10 exemption needs all three: fewer than 10 on site at any given time, not accessible to the public, and IIPP compliant.

Lab. Code § 6401.9

California Equal Pay Act

Broader than the federal Act: substantially similar work, and it reaches race and ethnicity.

Lab. Code § 1197.5

Wage theft prevention notice

Written notice of pay rate and terms at hire and on change.

Lab. Code § 2810.5

Lactation accommodation

Space, break time, and a written policy in your handbook.

Lab. Code §§ 1030–1034

CalSavers

Offer a qualified retirement plan or register for the state program.

Expanded to employers with 1–4 employees; that deadline passed December 31, 2025.

Gov. Code § 100000 et seq.

5+

5+ employees: Small teams

Federal law

No new federal requirement here

California law

CFRA

Job-protected family, medical, and bonding leave.

Gov. Code § 12945.2

FEHA (discrimination)

Discrimination protections based on protected class.

Gov. Code § 12940(a)

Pregnancy Disability Leave

Up to four months for pregnancy-related conditions.

Does not run concurrently with CFRA. A single pregnancy can carry roughly seven months of protected leave.

Gov. Code § 12945

Harassment prevention training

Two hours for supervisors, one for everyone else, every two years.

Gov. Code § 12950.1

Bereavement leave

Five days on the death of a family member.

Gov. Code § 12945.7

Reproductive loss leave

Five days following a reproductive loss event.

Gov. Code § 12945.6

15+

15+ employees: Growing companies

Federal law

Title VII

Race, color, religion, sex, and national origin discrimination.

42 U.S.C. § 2000e et seq.

Americans with Disabilities Act

Disability discrimination and reasonable accommodation.

42 U.S.C. § 12101 et seq.

GINA

Genetic information nondiscrimination.

42 U.S.C. § 2000ff et seq.

Pregnant Workers Fairness Act

Accommodation for pregnancy, childbirth, and related conditions.

42 U.S.C. § 2000gg et seq.

California law

Organ and bone marrow donor leave

Paid leave for organ and bone marrow donation.

Lab. Code §§ 1508–1513

Pay range disclosure

A good-faith pay scale on every job posting, and on request.

Also requires keeping title and wage history for employment plus three years, the same record an equal pay claim runs on.

Lab. Code § 432.3

20+

20+ employees: Mid-sized

Federal law

ADEA

Age discrimination protections for workers 40 and over.

29 U.S.C. § 621 et seq.

COBRA

Continued health coverage after a qualifying event.

29 U.S.C. § 1161 et seq.

California law

Cal-COBRA hands off

Below 20 employees the state program applies; at 20 you move to federal COBRA.

Health & Saf. Code § 1366.20 et seq.

25+

25+ employees: Established employers

Federal law

No new federal requirement here

California law

School and childcare activities leave

Time off for a child's school or childcare activities.

Lab. Code § 230.8

Military spouse leave

Leave when a spouse is on leave from deployment.

Mil. & Vet. Code § 395.10

Victims' leave (family members)

Time off connected to a qualifying act of violence against a family member.

Moved from the Labor Code into FEHA by AB 2499, effective January 1, 2025, and now enforced by the Civil Rights Department. Leave for the employee's own qualifying act of violence applies at every size.

Gov. Code § 12945.8

Alcohol and drug rehabilitation accommodation

Reasonable accommodation for an employee entering a rehabilitation program.

Lab. Code §§ 1025–1028

Adult literacy education accommodation

Reasonable accommodation for an employee enrolling in an adult literacy program.

Lab. Code § 1041

50+

50+ employees: Regulated scale

Federal law

FMLA

Job-protected medical and family leave.

Counts employees within 75 miles of the worksite, so a distributed workforce can sit above 50 and still fall outside it.

29 U.S.C. § 2601 et seq.

ACA employer mandate

Offer of minimum essential health coverage.

Counted in full-time equivalents, not headcount. Part-time hours aggregate, which catches employers who believe they are under 50.

26 U.S.C. § 4980H

California law

Lactation room hardship exemption ends

Below 50 an employer can claim undue hardship on the space requirement. At 50 that exemption falls away.

Lab. Code § 1033(b)

75+

75+ employees: Larger operations

Federal law

No new federal requirement here

California law

Cal-WARN

60-day notice for mass layoffs, relocations, and closures.

California's threshold is lower than the federal one, so an employer between 75 and 99 is covered by state law and not by federal.

Lab. Code §§ 1400–1408

100+

100+ employees: Large employers

Federal law

WARN Act

60-day notice for mass layoffs and plant closings.

29 U.S.C. § 2101 et seq.

EEO-1 reporting

Annual workforce demographic report to the EEOC.

42 U.S.C. § 2000e-8(c)

California law

Pay data reporting

Annual pay and demographic data filed with the Civil Rights Department.

Due the second Wednesday of May. Penalties are assessed per employee, so a missed filing scales badly.

Gov. Code § 12999

Knowing which apply is the easy half. The other half is whether you can show it.

Since the 2024 amendments to Labor Code section 2699, an employer who took all reasonable steps to comply before a PAGA notice arrives pays 15% of the penalties otherwise available. The statute names what counts: periodic payroll audits, lawful written policies, supervisor training, and correcting what you find. Work done in advance now has a number attached to it.

Talk through your list

General information, current as of the date above, and not legal advice. Headcount rules vary by how “employee” is counted (the FMLA’s 75-mile worksite rule, the ACA’s full-time equivalents, WARN’s part-time exclusions) and by industry. Confirm your specific obligations before relying on them.

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