As an employer, what you should know about full time and part time employees
Laws vary when categorizing a worker as a full-time and part-time employee. Employers you should consider the context, whether the designation is for health insurance or the IRS, etc.
Fair Labor Standards Act (FLSA)
For example, the Fair Labor Standards Act leaves the decision of full time or part time up to the employer. It does not define full time and part time employment. Whether full time or part time, under the FLSA, any employee who works over 40 hours a week is entitled to receive overtime pay.
New York Bar Association
The New York State Bar Association (NYSBA) provides information as to what employers consider full time employment. Generally, employers consider that full time employment is 35-40 hours during a seven-day work week. However, this can vary, depending on the employer.
The Affordable Care Act
The Affordable Care Act (ACA) requires businesses with 50 or more full time employees to provide their employees with healthcare insurance. The ACA defines a full time employee as any employee who works an average of 30 hours per week for more than 120 days in a year. It defines part time employees as employees who work an average of less than 30 hours per week. (Reference: Healthcare.gov)
New York State Comptroller
The NYS Comptroller defines full time and part time in terms of service credit (for a retirement system). While employers define full time employment, the work must consist of at least six hours a day for a five-day week. Part time would be less than that.
The IRS (Internal Revenue Service)
The IRS defines part time career employment as regularly scheduled work from 16 to 32 hours per week. Hours may temporarily change for up to two consecutive weeks to meet workload requirements or for training. However, the employee’s schedule must remain at 32 hours per week or less to qualify as part time.
Do you have legal questions about a full time and part time employee?
If you have questions about how employment laws affect your business, arrange a consultation with an experienced employment defense lawyer. Call Stephen D. Hans & Associates, P.C. at (718) 275-6500.