As we near the end of the incredibly busy legislative session here in Oregon, employers are asking how many of these new regulations and laws apply to them. One important factor in answering this question is to know exactly how many employees you employ. In addition, you may also be asking exactly who counts as an employee. That’s the subject of this week’s Thursday Thoughts on Employment – Counting Employees.
Who counts as an employee?
Generally speaking, anyone who provides services for remuneration under the direction and control of a person or organization is considered an employee unless that individual meets criteria to be considered an independent contractor (or another exception). As we have discussed before, how a regulatory agency determines whether a worker is an independent contractor is based on a number of tests and factors, and the criteria vary widely. More often than not, a worker will be considered an employee and therefore contribute to the employee count when it comes time to determine whether you employers are covered by certain laws.
How do I count my employees?
Employee count is generally calculated based on how many employees perform work for you here in Oregon during each workday of 20 or more calendar workweeks in the calendar year. It does not matter whether the employee is a temporary employee, seasonal employee, full time or part time employee.
Let me know if you want to discuss your employee count or if you have questions on whether you may be covered by certain laws.