Is There an Official Definition for Part-Time Work in California?
Are you an employer in California who relies on part-time workers? If so, you may be wondering if there are any state or federal regulations that you should know about. At Sloat Law Group, APC, we help employers protect their interests. Here, our California employment attorney provides an overview of the key things employers should know about part-time work in California.
Broad Definition: Part-Time Work in California is Less than 40 Hours Per Week
A part-time worker is any worker who does not work on a full-time basis. The California Labor Code 510(c) defines full-time employment as “employment in which an employee is employed for 40 hours per week.” As such, any hourly employee who works less than 40 hours per week as a standard is generally considered to be a part-time worker, depending on the company’s specific policies and industry standard. Employers have the ability to modify and define the definition of “part-time” employment in their written policies.
A Note on Federal Law: The key federal wage and hour regulation is the Fair Labor Standards Act (FLSA), which is silent on the issue of “part-time” workers. It leaves that term for employers to define. However, the FLSA requires all employers to pay hourly workers at least a minimum wage and overtime wages if they work more than 40 hours in a given week.
Employer Responsibilities to Full-Time and Part-Time Workers in California are Similar
For many different employment-related issues in California, the distinction between part-time work and full-time work is not material. Indeed, employers must comply with many of the same labor laws for both full-time and part-time workers, including minimum wage, meal and rest breaks, and workplace safety protections. Part-time employees are also entitled to paid sick leave under California law—regardless of the number of hours worked per week. Finally, all employment discrimination protections in California apply just as strongly to part-time workers as they do to full-time workers.
Benefits for Part-Time Employees
A big issue with part-time workers is that companies may opt to offer their complete package of benefits, including healthcare insurance, to full-time employees only.
Under the Affordable Care Act (ACA), large employers—with 50 or more “full-time equivalent” employees—must offer affordable health coverage to employees working 30 or more hours per week or 130 hours of service a month. Per the ACA, employers are to consider these employees full-time workers. Larger employers should have a strong understanding of the healthcare requirements for employees pursuant to the ACA definition of full-time equivalent workers.
Contact Our California Employment Law Attorney for Legal Guidance
At Sloat Law Group, APC, our California employment lawyer provides solutions-forward advocacy to clients. If you are an employer with any specific questions or concerns about hiring part-time workers, please do not hesitate to contact us today. We represent businesses and organizations in Riverside County and Statewide in California.
Sources:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=515.&lawCode=LAB
hhs.gov/healthcare/about-the-aca/index.html
