For purpose of the undue hardship exemption, how will the Department determine whether an employer has fewer than 50 employees?For purpose of the undue hardship exemption, how will the Department determine whether an employer has fewer than 50 employees?For purpose of the undue hardship exemption, how will the Department determine whether an employer has fewer than 50 employees?

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For purpose of the undue hardship exemption, how will the Department determine whether an employer has fewer than 50 employees?For purpose of the undue hardship exemption, how will the Department determine whether an employer has fewer than 50 employees?For purpose of the undue hardship exemption, how will the Department determine whether an employer has fewer than 50 employees?

All employees who work for the covered employer, regardless of work site, are counted. Consistent with the FLSA definition of employee, “any individual employed by an employer” must be counted, including full-time employees, part-time employees, and any other individuals who meet the FLSA definition of employee found at 29 U.S.C. 203(e)(1).

October 2018