Does stock held in a trust count toward HCE status for ADP testing pur

[Guest MAWalsh]

I have an employee who owns 4.22% of the stock in the company. Another 3.46% of the stock is in trust for him. Is he an HCE for ADP testing purposes? If stock is held in a trust, does it count for ADP testing purposes? This company (a family-owned business) changed its ownership percentages last year and put most of the stock in separate trusts.