Top 10 how many hours is part time in california That Will Change Your Life

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Considered Part-Time Hours in California? | Ottinger Employment Lawyers

Feb 9, 2022 | By Ottinger Employment Lawyers | Read Time: 3 minutes

American workers are the backbone of this country.

Employees spend hours working over a burning hot grill, waiting tables, working on assembly lines, delivering packages in time for the holidays, and a multitude of other tasks required to keep our economy going.

And despite all this, they are frequently taken advantage of by greedy companies.

It is because our workers are so important that we at Ottinger Employment Lawyers fight for them every day.

When an employer tries to violate the rights of a worker, they are plucking at the strings that bind us all together.

Today, we will be discussing a common tactic that employers use to cheat workers out of rightly earned pay and benefits. That tactic is the misclassification of employees as part-time workers. 

Upon reading this, one of the first things you may wonder is, What is considered part-time in California? Today, we seek to clarify this and other issues.

If you have questions or would like to speak with a California employment attorney, please contact us today.

How Many Hours Is Considered Part-Time In California?

Is 32 hours full-time in California? What about 40? Is there a limit at all? Generally, part-time means less than 40 hours per week in California.

That said, there really isn’t a California law that sets a hard line for full-time employment. The California Labor Market Review refers to 35 hours or less as part-time, but again, this is more of a guide than a rule.

On the Federal side, the Affordable Care Act defines full-time as at least 30 hours. Part-time hours in California usually vary by employer.

Many employers make an honest effort to properly classify their employees, but some don’t.

How Do Employers Use Part-Time to Discriminate?

You may have heard that part-time employees do not get the same protection against discrimination as full-time workers— but this is false.

California takes discrimination seriously. Know your rights and keep a lookout for attempts to use your part-time status as a reason to discriminate against you.

Let’s go over some common ways part-time employees are taken advantage of.

Minimum Wage

Part-time workers are subject to the same minimum wage regulations as full-time employees.

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California’s minimum wage is $13 per hour and $14 per hour for organizations with more than 26 employees.  The Federal minimum wage is $7.25 per hour.

Despite what you may have been told, you can’t waive your right to minimum wage, even if you only work part-time. 

Break Periods

Some part-time workers are told they are not entitled to breaks. The truth is, you can take meal breaks and rest periods even if you’re part-time.

Typically, you may take a ten-minute break for every four hours worked. You should also be able to take a thirty-minute meal break if you’re working for more than five hours, and two meal breaks when working more than ten.

Overtime

If you’re part-time, that doesn’t mean you can’t get paid overtime. Contrary to popular belief, employers often ask “part-time” employees to work more than 40 hours.

Regardless of whether you are considered part or full-time, working overtime may entitle you to time and a half or even double your regular pay.

That said, there are some exceptions to overtime regulations for certain positions. Most of these exceptions are for executive and professional positions.

Shift Work

California requires extra pay, called a premium, for split shifts. These are shifts that are broken up throughout the day.

Working four hours in the morning and four at night is an example of a split shift. Many part-time employees are asked to work split shifts. Fortunately, the regulations don’t prevent part-time workers from split shift premiums.

Benefits & Pay

California requires that employees receive pay that is equal to the pay of their colleagues that perform substantially similar work.

Substantially similar means work that is similar in skill, effort, and responsibility; and that is performed in similar conditions.

For example, two cooks are likely performing substantially similar work, even if one is part-time. Some employers may try to limit your benefits and pay based on your part-time status, but this is not an exception to equal pay.

The California Equal Pay Act prohibits this type of abuse. 

How a California Employment Lawyer Can Help

Many workers are told that they are not eligible for the same benefits and rights as their full-time companions, but we want you to know that this is false.

You still have most of the same rights as other employees when you work part-time hours in California. If your employer is using your part-time status to cheat you out of your pay and benefits, give us a call.

Ottinger Employment Lawyers know how important workers are. Our employment attorneys have decades of employment law experience. We want to help you fight back against unfair employers.

Contact us today for your consultation.

Robert Ottinger, Esq.

Robert Ottinger is an employment attorney who focuses on representing executives and employees in employment disputes. Before starting his firm, Robert slugged it out in courtrooms trying cases for the government. Robert served as a Deputy Attorney General for the California Department of Justice in Los Angeles and then as Assistant Attorney General for the New York Attorney General’s Office in Manhattan.

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Frequently Asked Questions About how many hours is part time in california

If you have questions that need to be answered about the topic how many hours is part time in california, then this section may help you solve it.

How many hours a day constitute part-time in California?

Although there really isn’t a California law that draws a clear line between full-time employment and part-time employment, the California Labor Market Review refers to 35 hours or less as part-time, but again, this is more of a guide than a rule.

In California, is a 32-hour workweek regarded as a full-time job?

However, it’s important to remember that following the implementation of the ACA, workers are now considered part-time if they work less than 30 hours per week, and full-time if they work 30 hours or more per week. In California, full-time hours are typically defined as between 32 and 40 per week.

Is 25 hours a week considered part-time?

There is no set number of hours that determines whether someone is employed full- or part-time, but a full-time employee typically clocks in at least 35 hours per week.

Does “part-time” imply 20 hours a week?

Although the minimum number of hours required to qualify as part-time can vary, as a general rule, employees who put in between 20 and 29 hours per week are regarded as part-timers.

In California, is 30 hours per week considered part-time?

You might be wondering what is considered part-time employment in California and the answer is that anyone working less than 40 hours per week is considered a part-time employee under California law. Exempt employees, on the other hand, are paid their full amount of base pay if they work any hours during a work period.

Are two-hour shifts permitted in California?

Employers are not required to schedule workers for a minimum of four hours per workday because there are no minimum hours needed for a full-time or part-time shift.

In California, is a 20-hour workday possible?

An employee may work as many hours as they choose during a workday, up to a maximum of 24 hours, in accordance with California wage and hour laws.

Is 20 hours a week full-time?

For instance, the Affordable Care Act (ACA) defines full-time employment as putting in at least 30 hours a week on average.

Is 20 hours per week sufficient for part-time work?

Part-time employees may work as few as one hour per week or as many as 29 hours per week, though 20 hours per week is the average.

How many hours a day are there in a part-time shift?

These figures are based on data from the BLS’s Current Population Survey (CPS), which shows that anyone working between 1 and 34 hours is considered to be part-time, and anyone working 35 or more hours is considered to be working full-time.

Is 16 hours per week sufficient for part-time work?

Part-time employment is defined as regularly scheduled work that ranges from 16 to 32 hours per week (or, in the case of a flexible or compressed work schedule, between 32 and 64 hours per pay period).

4 or 6 hours make up part-time?

Anything less than 5 days and at least 40 hours is considered part-time. Most full-time employees are required to work well over 50 hours per week. 4 hours per working day, that is, Monday through Friday.

What does a schedule for a part-time job look like?

Part-time employees often have more flexible work schedules; they could work four eight-hour days one week, three ten-hour days the next, or even a rotating shift or the night shift if your company requires it.

Is a four day/week job part-time?

A four day work week isn’t a compressed work schedule; rather, it’s reduced hours, so the employee would work around 28 hours over four days and have a three-day weekend. You may already know someone who works compressed hours and as a result works full-time over 35 hours over four days.

Why is part-time employment preferable?

For those looking for a better work-life balance, having more free time is a huge benefit. When you work 30 hours or less per week, you can enjoy more personal time to focus on your family, friends, and hobbies as well as to pursue special interests or education.

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