What Are the Minimum Hours Required to Be Considered Part-Time?

Understand California’s definition of part-time work, eligibility for overtime pay, and benefits for part-time employees under state law. Learn how hourly rules, paid sick leave, and minimum wage laws apply to California’s part-time workers.

By Douglas Wade, Attorney

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Table of Contents

1. How many hours is part-time in California?

2. Comparison of Part-Time and Full-Time Workers

3. What is the California definition of part-time hours?

4. Are part-time workers eligible for overtime pay?

5. What Happens If I Take Off Early?

6. Can Californians Who Work Part-Time Still Get Benefits?

7. Paid Sick Leave

8. Minimum Wage

How many hours is part-time in California?

You might be interested in how many hours in California count as part-time work and how rules about time clocks affect your rights. Read on to find out if your California company broke the law when they decided how many part-time hours you worked. In the case that their employer violates California’s time clock legislation, employees have the legal right to compensation.

Laws pertaining to time clocks, overtime pay, and record keeping are regulated by the Fair Labor Standards Act (“FLSA”).

Comparison of Part-Time and Full-Time Workers

In California, if you work by the hour, you are not considered an exempt employee. Payment for hourly workers must be based only on the actual number of hours worked. On the other hand, exempt workers get paid their full base pay no matter how many hours they work during a period of time.

What is the California definition of part-time hours?

In California, what is considered part-time work? Working fewer than forty hours per week is considered part-time in California according to state labor code 515 (c). This definition states that in California, a person is considered to be working part-time if their weekly hours are less than forty.

Are part-time workers eligible for overtime pay?

Hourly workers who are not exempt are entitled to overtime compensation. Workers are eligible for overtime pay if they put in more than eight hours in a single workday or forty hours in a week. Staff members are furthermore eligible for time and a half for the first eight hours worked on the seventh day of the workweek.

Given that one must work fewer than forty hours per week to be classified as part-time, the likelihood of overtime for the majority of part-time workers is low. Nevertheless, there are instances where part-time workers could put in more than eight hours in a single day. Workers in this situation are eligible for overtime compensation under California law for the work they did that day.

What Happens If I Take Off Early?

Your employer is not responsible for paying you for any hours that you do not work, such as when you are unwell or have to leave early due to an emergency.

Pay is based on the number of hours worked, not the total number of hours.

Can Californians Who Work Part-Time Still Get Benefits?

Apart from health insurance, part-time workers in California typically enjoy the same legal benefits as their full-time counterparts. If their workweek exceeds 40 hours, they are eligible for paid sick leave and overtime compensation.

Paid Sick Leave

You can get sick pay if you work part-time in California. The employee is eligible for this benefit provided that they have worked a minimum of thirty days in a given year.

A company may set a yearly cap on how much paid sick leave an employee can take. This cap is set at 24 hours, otherwise computed as three days.

You are allowed to roll over unused sick leave to the next year, but your employer has the discretion to set a limit of either 48 hours or 6 days.

Minimum Wage

Once you’ve learned how many hours constitute part-time work in California, keep in mind that just because you’re working fewer hours than full-time does not mean you can’t earn at least the state minimum wage.

With a few notable exceptions, the state, city, or county in which an employee resides has the legal right to set the minimum wage. Almost all employees in California are required to get at least that amount.

Many California municipal rules mandate that businesses pay their employees at least the maximum wage that is legally permissible, depending on their location.

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