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Full Time benefits

In California, can an employer consider an employee “part time” if they have worked 38 hours a week for over a year?

At this time, the employer determines how many hours are required to be considered full time or part time. As an employer, you can determine that only those who work 40 hours per week are full-time. Another employer could decide that employees who work 24 hours per week are considered full-time, or 32 hours, or 35 hours, etc. As long as you apply this standard consistently to all employees, it is legal in California and most other states.

The best practice is to determine an employees status based on the average number of hours worked over a 3-month or longer period of time.

If you have two employees who work 38 hours per week and are providing one with benefits but not the other, that could very well be illegal discrimination based on race, color, sex, religion, national ancestry, etc.

In a few years, the federal healthcare reform act will require employers to provide group health insurance for an employee who works 32 hours or more. However, that portion of the law has not gone into effect yet.

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This entry was posted on Tuesday, July 13th, 2010 at 8:23 am and is filed under
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