Do California labor laws define full-time work?

California Labor Code 515 LAB states that full-time employment means that you are working 40 hours per week. This definition is used to set the requirements for exempt employees. Certain exemptions require that you make at least twice the California minimum wage for full-time employment. These include the so-called “white collar” exemptions: administrative employees, executive employees, and professional employees.

What benefits do full-time workers enjoy that part-time workers do not?

Generally, full-time workers get more workplace benefits than part-time workers. Some of these benefits may include: parental leave, a fixed work schedule, holiday pay, sick leave, vacation time, other paid time off, like personal days, access to employer-sponsored retirement plans, employer-provided insurance plans, like health, dental, or life insurance, and retirement plans, like pensions or 401(k)s.

What rights do part-time workers have in California?

Part-time workers do still have numerous important workplace rights. Some of the most important are their rights to: meal and rest periods, including an unpaid 30-minute meal break for every 5 hour shift, the state minimum wage, which is higher in California than in many other states, and which is even higher in some California counties and cities, like Los Angeles, lunch breaks, overtime pay, and a workplace that is free from discrimination or harassment.

What if my employer is misclassifying me as a part-time employee?

It is not uncommon for employers to classify people as part-time employees and then demand 40 hours of work per week. They often do this to cut costs by not providing the workplace benefits that full-time employees are entitled to receive. If you are being misclassified as a part-time employee, you can file a misclassification lawsuit against your employer.

How do federal laws define full-time work?

No federal employment law defines what full-time work entails. However, some provide specific benefits to “full-time employees” and state how many hours you have to work to get them. Unfortunately, these definitions of “full-time work” differ.

California “Full-Time Hours” – What is full-time vs part-time?

Posted on January 1, 2024

An office worker looking at his watch to see how many hours are left in the work day.

In California, you are considered a full-time employee if you work 40 or more hours in a week. This entitles you to certain workplace benefits. However, some federal laws define “full-time work” in a way that requires fewer hours on the job. Under these laws, you could be entitled to healthcare or retirement benefits without working 40 hours per week.

What are full-time hours in California?

California labor law defines “full-time employment” as working 40 hours per week.[1]

This definition of full-time work is important. If you are a full-time worker, you get more workplace entitlements and legal rights.

Why does full-time status matter for employment law?

A full-time employment status does several things in California. It:

sets the minimum wage for full-time exempt employees,
sets the limit of hours non-exempt employees can work before they are entitled to overtime pay, and
provides other legal protections and entitlements.

It sets the minimum wage for full-time exempt employees

California labor laws provide lots of legal protections for workers. However, employers can make certain jobs that are exempt from some of these protections by satisfying several requirements. One of those requirements is that the exempt employee makes at least twice the minimum wage for full-time employment.^[2]

In California, the state-wide minimum wage, as of January 1, 2024, is $16.00 per hour.[3] Over a 40-hour workweek this is $33,280 per year. This means that, in order for you to be classified as a full-time exempt employee, you would have to make at least $66,560 per year.

Overtime pay

A 40-hour workweek being full-time employment entitles non-exempt workers in California to overtime pay for any work done in excess of:

8 hours in one day of work,
40 hours in a workweek, or
6 consecutive workdays in a workweek.[4]

Any hours worked in excess of these limits are paid at one-and-a-half times, or 1.5 times, the employee’s regular rate of pay.^[5]

You could also be entitled to double time pay if your employer makes you work well past these limits.^[6]

California’s overtime laws provide more employee benefits than other state laws.

It triggers other worker protections and entitlements

Full-time workers also often receive other workplace entitlements and benefits, such as:

sick leave,
vacation time,
parental leave,
holiday pay,
other paid time off (PTO), like personal days,
health insurance,
retirement plans, and
a fixed work schedule.

Increasingly, though, employers have been offering some of these benefits to part-time workers as well. This is generally done to:

decrease worker turnover,
attract better or more dedicated workers,
reduce worker burnout, and
improve worker morale.

What are full-time hours under federal labor laws?

A couple of federal laws use different definitions of “full-time employment” when providing worker benefits. This can create confusion, as you may be a full-time worker for one set of benefits but not for others. 2 of these laws are the:

Employee Retirement Income Security Act (ERISA), and
Affordable Care Act (ACA).

A reason for the confusion is the lack of a federal law that defines “full-time employment.” No federal law, not even the Fair Labor Standards Act (FLSA), sets the number of hours for full-time employment.

ERISA

The Employee Retirement Income Security Act, or ERISA, makes you eligible to participate in employer-provided retirement plans if you are a full-time employee.

Under ERISA, though, you are a “full-time employee” if you work 1,000 hours or more in a year. This is slightly less than 19.5 hours per week.[7]

ACA

The Affordable Care Act (ACA), also known as Obamacare, requires all employers with 50 or more full-time employees to offer their full-time employees healthcare benefits.

Under the ACA, a full-time employee is someone who works more than 30 hours in a workweek.[8]

What is a part-time worker in California?

There is no legally binding definition of a “part-time employee” in California. It is generally left up to the employer to define what “part-time” means.

While the Labor Market Information Division of the California Employment Development Department states that part-time work is less than 35 hours, this is only used to calculate employment statistics. It is not legally binding in the state.

Part-time workers often receive fewer benefits than full-time workers do.

Even if you are part-time, though, you do still have rights to:

the applicable minimum wage,
rest periods and meal breaks, and
freedom from harassment or discrimination in the workplace.

If your employer calls your job part-time but demands full-time hours of work, you can file a misclassification lawsuit. An employment lawyer can help you recover unpaid wages and other forms of compensation.

Legal Citations:

[1] California Labor Code 515(c) LAB.

[2] California Labor Code 515(a) LAB.

[3] California Labor Code 1197 LAB.

[4] California Labor Code 510 LAB.

[5] Same.

[6] Same.

[7] 29 CFR 1052.

[8] 79 Fed. Reg. 8581 (Feb. 12, 2014).

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.