2023 will bring in new labor laws and updates to existing legislation. These new policies will impact workers across the state of California. Among the docket of things that will be introduced is pay transparency, covered bereavement leave, leave for a “designated person” under the California Family Rights Act, anti-discriminatory off-duty cannabis usage, and more. While part-time workers will see the effect of these laws regarding minimum wage change, job posting pay scales, and postings of employee pay scales, there will be no drastic changes for them in 2023.
In California, there is no strict definition of “part-time” hours, as the number of hours an employee works per week can vary depending on the needs of the employer and the employee. However, generally speaking, part-time employment refers to a schedule that is less than full-time, which is typically considered to be 40 hours per week.
Some employers may consider an employee to be part-time if they work fewer than 40 hours per week, while others may have a different definition, such as fewer than 30 or 35 hours per week.
In California, part-time workers are entitled to matching minimum wage as full-time workers. Effective January 1, 2023, the minimum wage in California will be set at $15.50 per hour for all employers. It’s worth noting that certain cities and counties within the state may have minimum wage rates that exceed the state’s minimum wage rate.
However, the actual amount that a part-time worker is paid will depend on their job duties, the industry in which they work, and their level of experience and education. Some workers may earn more than the minimum wage, depending on the terms of their employment and their skills and abilities. Wage and hour attorneys can help workers get paid what they deserve.
Part-time employees in California are generally entitled to the same protections and benefits as full-time employees, with some exceptions. For example, under the Fair Labor Standards Act (FLSA), employers are not required to pay overtime to part-time employees unless they work over 40 hours a week. However, California law states that employers must pay overtime to non-exempt employees if they are classified as full-time or part-time for working more than eight hours each day or 40 hours per week.
Part-time employees may also be entitled to other benefits, such as paid time off and retirement benefits, depending on the employer’s policies and the terms of the employment agreement. Hiring an expert in employment law can help you figure out what you are entitled to as a part-time worker.
Starting January 1, 2023, eligible employees in California will be able to take unpaid, job-protected leave to care for “designated persons” under the California Family Rights Act (CFRA) and utilize paid sick leave, or PSL, to take care of “designated persons” per the California Healthy Workplace, Healthy Family Act of 2014. Additionally, all employers in California will be required, upon request, to provide employees and job applicants with the pay scale for the position they are currently employed in or applying for. The pay scale is the expected amount that an employer should pay an employee working in a specific job. Also, AB 2693 will change Labor Code Sections 6325 and 6409.6 to reduce the notification requirements for employers in the event of COVID-19 exposure at the workplace.
In California, there is no specific minimum number of hours that an employee must work to be considered a part-time employee. While 35 hours a week is often used as a guide for part-time work, there is no legal requirement for an employee to work less than 35 hours per week to be classified as part-time. Part-time status is typically determined by the employer and can vary depending on the needs of the business.
Even if you are considered a part-time worker, you may still be entitled to overtime pay if you work over 40 hours in a week. Your employer may ask you to work additional hours, and in these cases, you may be eligible for time and a half or, in some cases, double your normal pay for the overtime hours. However, certain job positions have exceptions, such as executive or professional roles. It is important to understand your rights as a worker and to know whether you are entitled to overtime pay.
Under California law, there is no strict definition of what constitutes full-time employment. Generally, full-time employment is considered to be working at least 35 hours per week, but this can vary depending on the employer and the specific job. Some employers may define full-time employment as working at least 40 hours per week, while others may define it as working a certain number of hours per day (e.g., 8 hours per day). It’s important to check with your employer or refer to your employment contract to determine how many hours are considered full-time at your place of work.
At the Law Offices of Miguel S. Ramirez, our employment attorneys are dedicated to representing all kinds of workers, including part-time workers, in labor and employment law disputes. With 20 years of experience, we have a track record of success in handling a wide range of employment claims in California.
We are committed to protecting the rights of workers and are prepared to take strong action to ensure that our clients receive fair compensation for employee discrimination, wrongful termination, retaliation, and other workplace issues. We are familiar with the laws that protect workers throughout California, and we have the resources and expertise needed to fight for your future. If you have experienced problems in the workplace, we encourage you to contact our office to discuss your situation with one of our experienced employment lawyers or trained legal staff.