Just went over 100 ee's - new rules to follow?

Boo · January 2003

We have recently passed the 100 employee mark. Are there additional rules that now apply to us or additional filings we should know about?

Don D · January 2003

Boo; the only one that comes to mind, and you probably don't have this problem yet, is that as soon as your 401(k) participant rate reaches the magic (and unlucky) number of 100, that subjects you to having to pay for and endure annual audits which can be a difficult week of having to pull hundreds of things for those nerdy little auditors who just graduated from college last year. Otherwise, I don't know of anything your employment level triggers.

Gillian · January 2003

[font size="1" color="#FF0000"]LAST EDITED ON 01-27-03 AT 10:03AM (CST)[/font][p]The WARN (Workers Adjustment and Retraining Notification Act) which applies to employers of over 100 employees which have a major layoff. It's not a biggie unless you do have a really big layoff.

Theresa Gegen TX · January 2003

Also,I believe that 100 employees triggers the duty to begin reporting data on an EEO-1 report to the EEOC annually (which has to do with makeup of your workforce).

Boo · January 2003

I had seen that EEOC report mentioned in a previous post and it had triggered the thought that we might have a little more to do now... Thanks very much for the help.

njjel · January 2003

Regarding the EEO1 report. Does that pertain to ALL emloyers with 100 or more employees or just those with government contracts?

Gillian · January 2003

All employers.

njjel · January 2003

Thought so but wanted to make certain. We are not yet at 100 ee's but will be shortly!

AnneHa · January 2003

A representative of the company that processes our payroll told me that the EEOC had changed their EEO-1 reporting requirement to extend to employers with 50 or more employees. I went to the EEOC website and could only find the 100 employee figure. Is this change in the works or was this guy just selling a line of baloney along with his 'reporting software'?

Gillian · January 2003

If they have, I don't think that the news has hit the HR street yet.

System · January 2003

For most employers, the EEO-1 limit is 100 employees or more. It's 50 for certain federal contractors. If you're an Employment Law Letter subscriber, log in to the subscribers area of HRhero.com and search for the article "Are you EEO-1 A-OK?", which appeared in several states' newsletters.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

sandra_d · January 2003

Is that 100 full-time employees, or simply 100 people??

Gillian · January 2003

It's all employees.

NaeNae55 · January 2003

Seems like I read somewhere in another life that certain ERISA plans, like health plans, who have 100 or more employees have to file a 5500. I believe if you have under 100 employees you don't have to file a 5500 on your health plan. It was a long time ago so I may be out of my gourd (or as my husband would say, just being myself.)

Good luck

Just went over 100 ee's - new rules to follow?

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