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Excluding EEs & Effect on Establishment Size

Anonymous - January 9, 2018
Back to Ask the Experts

When employees are excluded from one AAP to another, does the establishment’s size change? For example:

100 employees are located at Location A.

52 employees are located at Location B. 5 employees report to managers at Location A and are excluded to that plan.

Do the exclusions effectively reduce the size of Location B to 47 employees? Can both locations be rolled up into a single AAP or are separate AAPs required?

1 Answer

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Ahmed Younies

President and CEO, HR Unlimited, Inc.

Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

Allen Hudson, PHR, SHRM-CP

CEO, HudsonMann

Bill Osterndorf

Principal Consultant, DCI Consulting Group, Inc

Carla Irwin, Esq.

President, Carla Irwin & Associates, Inc.

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Board Member, Circa

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President and Founder, DCI Consulting

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Former Director, OFCCP and Retired President, Ellen Shong & Associates,

Josh Roffman, Esq.

Managing Attorney, Roffman Horvitz, PLC

Lisa Kaiser, Esq.

Lawyer, The Kaiser Law Group, PLLC

Marilynn L. Schuyler, Esq.

Senior Counsel, Seyfarth Shaw

Matt Nusbaum

Senior Consultant, Director, Biddle Consulting Group, Inc.

Stephanie Stahr

Senior HR Consultant, Berkshire Associates

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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