AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question Hello,
our organization consists of multi companies, for which there are multi payrolls. Combined we have over 50 employees but each company consists of less than 50 employees. Does the FMLA apply to the organization or does it filter down to each payroll?
Thank you in advance for your valuable time!
Ray
Answer FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.
I would say you could be considered a joint employer as you have an interest in all the companies. As such you would be liable for FMLA coverage. Also if any of the companies are within a 75 mile radius of each other than the employees of both companies are added together for the 50 employee quota.
The FMLA makes it unlawful for any employer to interfere with an employee’s rights under that Act. Although the Act itself does not address situations in which multiple entities may be viewed as “joint employers” for purposes of the FMLA, the DOL has issued regulations outlining the situations in which joint-employer liability may be found. Those situations typically involve circumstances in which an individual employee has a relationship with more than one company, including, for instance, the assignment by a placement agency of a temporary/contract employee to a second entity. If the placement agency determines the rate and method of pay, while the second company determines the work schedule and amount of supervision needed, those two companies might be deemed to be “joint employers” for purposes of the FMLA. This issue becomes especially important when one of the two entities has less than the requisite “50 employees within a 75-mile radius” to fall within the purview of the FMLA, but when added to the second company, falls within the applicable number of employees.
To be sure in your particular instance I would suggest you call the Department of Labor and verify your liability with them.
