Jerome also commented the other day that there are legal obligation regarding worker representation, etc, beyond 10 employees, which sort of defines what is "small". That threshold might also be a factor. guaranteed to evoke a violent reaction from police is to challenge their right to "define the situation." --- David Graeber citing Marc Cooper
So it certainly entered into the calculation if you were under 10 or 20 and would go over that limit by opting to implement the law.