Legally how many hours is full time
Traditionally retail, fast food, and hospitality work has been the domain of part-time jobs, as they often need flexible schedules to accommodate changes in demand. But now more professionals are becoming part-time workers to give both employee and employer increased flexibility.
Sometimes when a business is at the height of its busiest season, a full-time employee is unable to work, or some other circumstance changes, a part-time employee may end up working overtime hours.
Part-time workers may occasionally end up working overtime, or more than 40 hours, in a week. Part-time worker overtime is governed by the FLSA rules on exempt and non-exempt employees.
Most likely you will be required to pay a part-time worker overtime, but be sure to review the rules. Sometimes what seemed like a temporary change may become a long-term one, and a part-time employee may end up working full-time hours for an extended period. Employers decide how many hours per week is full-time and part-time, and what the differences will be.
For example, a part-time employee may not be eligible for paid time off, healthcare coverage, or paid sick leave. Department of Labor does not give a definition of what a full-time employee is, but the IRS and the Affordable Care Act aka Obamacare define it as anyone working 30 or more hours per week, or hours or more per month.
Traditionally retail, fast food, and hospitality work have been the domain of part-time jobs, as they often need flexible schedules to accommodate changes in demand. While most employers define full-time work as ranging between 32 and 40 hours a week, the Affordable Care Act specifies that a part-time worker works fewer than 30 hours a week on average. Under the Affordable Care Act, a hour workweek is considered full-time.
The U. Department of Labor guidelines provide for overtime pay for nonexempt workers after working 40 hours. Many employers now consider employees as full-time when they work fewer hours i.
Under the ACA, employees who work 30 or more hours per week are entitled to health insurance; however, beyond that, companies may set whatever standard they like for full-time compensation and other benefits.
Other employers may set a higher number of work hours per workweek. For example, a hour workweek could comprise five 10 hour days or an additional 6th workday. With the introduction of the Affordable Care Act Obamacare , the definition of a full-time employee has been prescribed as a worker who spends an average of 30 or more hours per week on the job.
Employers with 50 or more employees are required to offer health care to full-time employees under the ACA. Organizations can choose a historical period of three to 12 months to assign a full-time status to workers if they averaged 30 or more hours during that period of time. Once designated as full-time, employers must keep workers in that status for at least six months.
Beyond ACA requirements, individual employers are free to set standards for their workforce. There are no federal guidelines that regulate the number of hours employees age 16 or over can work. The Fair Labor Standards Act dictates that employers must pay non-exempt employees time and one-half for any hours worked above 40 per week.
An exempt employee paid a salary is not entitled to overtime pay for hours worked beyond 40 during a workweek. Some employers have adjusted the structure of jobs and allocated more positions requiring less than 30 hours per week to avoid the burden of paying benefits.
Historical data also indicates that employers offer fewer full-time and a higher number of part-time positions during recessionary periods. Women are twice as likely as men to be classified as part-time. Company policy determines the hours that employees are expected to work.
The company may specify a set number of hours and, optionally, what your work schedule will be. For example, your employee handbook may specify 9 am to 6 pm or state 45 hours per week. Official employer designations regarding full-time employment generally range from 35 to 45 hours, with 40 hours being by far the most common standard. Some companies consider 50 hours a week full-time for exempt employees. In some cases, especially at a start-up, it can be whatever number of hours it takes to get the job done.
The company may not set a standard schedule or number of hours that employees are expected to work. Informal expectations for staff can differ markedly from the minimum hours required to be classified as full-time at an organization. If the type of work schedule hasn't been clarified when you are interviewing for a job, carefully investigate what is expected to be considered a top-performing employee at the company if you have concerns about maintaining a balanced lifestyle.
Ask about the hours you will be expected to work when you have a job offer in hand. Voluntary benefits include participation in retirement programs, vacation leave and sick leave. Employers define eligibility for voluntary programs in employee handbooks and standard human resources operating protocols. This means an employer can state that full-time is less than 30 hours per week for voluntary program eligibility.
It also means an employer can state a higher number, up to 40 hours per week, to define eligibility for voluntary benefits. States have their own requirements for full-time status that vary widely. For example, California defines full-time as 40 hours per week, while Hawaii says that anyone working over 20 hours per week is full-time and therefore, eligible for health benefits. Check with local state laws to ensure compliance. With more than 15 years of small business ownership including owning a State Farm agency in Southern California, Kimberlee understands the needs of business owners first hand.
When not writing, Kimberlee enjoys chasing waterfalls with her son in Hawaii. Is 32 Hours Legally Full-Time? By Kimberlee Leonard Updated October 16, Time Sheet Requirements by Law.
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