The Office of Management and Budget completed its review, and the ETS will go into effect on November 5, 2021, the date it is published in the Federal Register. The ETS and the FAQs that were issued address many questions employers were raising about the 100-employee threshold before the ETS was issued. Employers are required to count all employees, including remote workers, part-time workers, minors, and temporary employees. ![]() For purposes of determining the 100-employee threshold, workers from staffing agencies are not considered employees of the host company. Independent contractors are also not counted. ![]() The total number of employees is based on the entity’s total workforce it is not determined by location.Įmployees should be counted as of November 5. An employer who meets the requirement as of that date will be covered as long as the ETS remains in effect. If an employer increases its workforce such that it meets the threshold on a future date, the ETS applies as of the date the employer crosses the 100-employee threshold.
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