![]() The ETS, as issued, applies to any employer that has 100 or more employees at any time while the ETS is effective. Notably, the threshold includes all employees, company or firm-wide, even if some of those employees are ultimately exempted from vaccine or testing due to individual circumstances, as discussed below. For example, an employer with 50 locations that each has only two employees would still be covered by this ETS. The threshold also includes any seasonal, temporary, and part-time employees but not any independent contractors. If an employer’s workforce fluctuates throughout the duration of the ETS, its provisions will apply to the employer during any period in which it has 100 or more employees.
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