How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7648
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

In the state of California, what is considered part time vs.

Customer Question

In the state of California, what is considered part time vs. full time
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good morning and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

The answer here really depends on context. For what purpose are you inquiring about the difference between part and full time?

I very much look forward to helping you on this matter.
Customer: replied 1 year ago.

I have an employee who has been working varied hours each week. For instance Week 1- 36 Week 2- 26 Week 3- 40 Week 4- 21 Week 5-32 Week 6-29. He is asking about benefits and whether or not he should be eligable for them.

Expert:  Patrick, Esq. replied 1 year ago.
William,

Thank you very much for your reply and clariication. Are you an employer with over 50 employees? Do you have any sort of general policies in place which define part and full time and the benefits to be alloted to each?
Customer: replied 1 year ago.

Yes we have more than 50 employees. We generally categorize our full time employees as those working more than 32 hours/ week. So the question becomes "What to do with an employee who is not "Guaranteed" 32 hours/ week but works those hours intermittently."

Expert:  Patrick, Esq. replied 1 year ago.
Thank you again.

Employers in this circumstance have a surprising amount of discretion. At the present, employers have no legal obligation to provide benefits of any kind. Thus, the law permits employers to determine who is eligible for benefits by any criteria that does not discriminate on the basis of a legally protected trait, such as race, religion, or gender. (i.e., an employer can't offer healthcare only to make employees because the premiums for female employees are too high). Until the Affordable Care Act's employer mandate goes into effect in 2015 (and I'll get to that in a moment), the designation of full time versus part time is purely a construct of the employer.

If your company offers benefits of any kind to employees on the basis of "full time" status, it is entirely up to you how you want to define that term. You may wish to determine full time status by an average of hours worked over a given period of time (e.g. 90 days, 1 year, etc.). If an employee works more than the threshold number of hours which you define, they will be entitled to benefits of whatever kind you choose untiil the next re-evaluation period, during which their hours are examined again.

Ideally, you'd want to include your new definition of full and part time employees n your employee handbook so that your stance is clear, but it is entirely up to where you want to draw the line.

Now, I did mention the Affordable Care Act above and I do want to touch on that again, because that will change the answer here beginning in 2015. Beginning January 2015, employers with 50 or more employees must provide health care to their "full time" employees, defined by the Act as employees who work an average of 30 hours or more per week. The method of calculation for determining whether an employee works 30 or more hours is particularly complicated (here's a useful summary from the Washington Post: http://www.washingtonpost.com/blogs/on-small-business/post/small-business-advice-how-to-count-full-time-and-part-time-employees-under-obamacare/2013/09/27/5466b26c-26e3-11e3-b3e9-d97fb087acd6_blog.html) but you should be aware that full time and part time will be terms that take on a new legal meaning in about 13 months in terms of an employer's obligations with respect to health care.

Until then, employers need not provide health care or any other benefits, and so when they do, the law affords employers vast discretion to determine who within the company qualifies. Employers are free to make a distinction between full and part time employees and to define the threshold in any manner they choose. Generally speaking, it's best to employ some sort of average over a period of weeks or months, as suggested above, but however you choose to define full and part time status you should incorporate that defintiion into your employee handbook so things are clear.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7648
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions

Chat Now With A California Employment Lawyer
Patrick, Esq.
Patrick, Esq.
2320 Satisfied Customers
Significant experience in all areas of employment law.