Many business laws switch on at a set headcount, and each counts in its own way. This page lines up the employee-count tests in this section. Try the Weeks-and-Heads Tally: list who was on the payroll in each week of the current and prior year, then compare that count with each rule.
Source: statutes named in the table below
Statutes and other size tests
| Law and statute | Counting rule | Other size tests |
|---|---|---|
| Title VII (sec. 701(b)) | 15 employees, 20 weeks | Combined damages caps: $50,000 (15 to 100 employees), $100,000 (101 to 200), $200,000 (201 to 500), $300,000 (over 500) |
| ADA (42 U.S.C. 12111(5)) | Title I: 15 employees, 20 weeks | Title III, for businesses open to the public, has no employee minimum |
| ADEA (29 U.S.C. 630(b)) | 20 employees, 20 weeks | Workers 40 and older; state and local governments are named too |
| FLSA (29 U.S.C. 203(s)) | Enterprise coverage: 2 employees and $500,000 in sales | No sales test for hospitals, schools, care facilities and government agencies; individual coverage also exists |
| OSHA (29 U.S.C. 652(5)) | 1 employee | With 10 or fewer employees all last year, no routine injury logs; fatality and hospitalization reports still apply |
| FICA (26 U.S.C. 3101) | No minimum | FUTA, a separate tax, applies at $1,500 of wages in a quarter, or an employee in 20 weeks (current or prior year) |
| Corporate Transparency Act (31 U.S.C. 5336) | Exempt if over 20 full-time U.S. employees, a U.S. office and over $5,000,000 in U.S. receipts | U.S.-formed companies out since March 26, 2025; foreign ones still report unless exempt |
| Illinois Human Rights Act (775 ILCS 5/2-101) | 1 employee, 20 weeks | No 20-week test for sexual harassment, pregnancy and some disability claims |
| Illinois Minimum Wage Law (820 ILCS 105/3) | 4 employees, owner's family excluded | 1 for domestic workers |
| Illinois Equal Pay Act (820 ILCS 112/10) | 15 employees | Pay scales in job postings since January 1, 2025 |
| Cook minimum wage (Code 42-12; Commission Rules 3.01) | 4 employees, plus a Cook County facility or county license | 1 for domestic workers |
In the chart, five laws start at one employee: the Illinois Wage Payment and Collection Act, the Illinois Human Rights Act, OSHA, the Cook County Paid Leave Ordinance and the Cook County Human Rights Ordinance. The Consumer Fraud Act and FTC Act have no headcount test. FMLA and COBRA are outside this section.
Frequently asked questions
Do anti-discrimination laws reach a business with fewer than 15 employees?
Some do. Title VII and the employment part of the ADA start at 15 employees, but the Illinois Human Rights Act covers employers with one or more employees (20 weeks for most claims), and the Cook County Human Rights Ordinance covers employers with one or more employees based or doing business in Cook County.
How are employees counted for the 15 and 20 thresholds?
Title VII, the ADA and the ADEA count employees on each working day in each of 20 or more calendar weeks, in the current or preceding calendar year. Who counts can be a legal question for part-timers, owners or contractors.
Does the ADA apply to a business with five employees?
The employment rules in Title I need 15 employees. Title III, the public-access part, has no employee or revenue minimum and covers businesses open to the public, such as stores, restaurants and accountants' offices.
Official sources
- Cornell Legal Information Institute: 42 U.S.C. 2000e, Title VII definitions
- U.S. Department of Labor: Coverage under the FLSA (Fact Sheet 14)
- Illinois General Assembly: Illinois Human Rights Act (775 ILCS 5)
- Illinois General Assembly: Minimum Wage Law (820 ILCS 105)
- Cook County: Minimum Wage Ordinance and regulations
This page is a plain-language summary. The official source controls if there is any difference.