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Does CA state define part-time as a specific number of hours, or is part-time the employers to define?
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A company has hourly employees designated as full- or part-time. The company is cutting back to 4 days at 8 hours per day for all employees. Full-time employees keep their benefits, but part-time employees working the same 32 hours per week do not get benefits. CA defines full-time as 40 hours per week, but does the state in any way address the parameters of part-time employment. Or does the employer decide who's full- vs part-time?
Most states define part-time employees as those who work less than 35 hours per week, compared to full-time employees who typically work for 40 hours or more. In California, the Department of Labor Relations states that a full time employee is someone who works 40 hours per week or more. Many companies offer their own definitions of full time and part time, and it can be confusing to know for sure whether you are legally eligible for full time benefits or not. This means that while many companies offer full time employment at 36 hours per week, they are not legally required to do so.
The term "benefits" is a broad one. It covers anything an employee receives other than cash wages. Some benefits (i.e., family and medical leave) are required under federal or state law. These benefits generally do not cost an employer anything, except in terms of the employee's away from work. If you are an employee covered by a law that requires certain job benefits, such as leave time for certain purposes, your employer must allow you to take advantage of those benefits at no penalty to you.
Employers are not required to provide their employees with medical, disability, dental, or life insurance, but once such benefits are offered, the law requires that the employer adhere to federal and California laws prohibiting discrimination in employment. As with other areas of employment such as hiring, promotion, and termination, distinctions in health benefits coverage cannot be made on the basis of an employee or dependent's gender, race, age, national origin, religion, or disability. As examples, an employer providing employees with health insurance may not, among other things:
There is no state law defining part-time versus full-time employment. It does seem unusual however that this company would provide benefits to some employees working 32 hours per week and not to others working the same amount of hours. However, unless you can show that the company's decision to provide benefits to some employees and not to others working the same amount of hours is based on some type of unlawful discriminatory motive, for instance placing all non-Caucasian employees in the non-benefits group, there seems little you can do here to redress this matter.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.