California Part Time Worker Regulations
- Part time employment covers a wide range of industries.impiegato image by haruspex from Fotolia.com
Part time work is a fast growing part of the labor force in the United States. Because of its size, the diversity of its industry and its proximity to large unskilled and semiskilled labor pools, California's part time worker pool is growing faster than most others. With this increase in part time positions, it is important to understand what employee rights are and what regulations are put in place to protect the part time worker. - Many companies offer their own definitions of full time and part time, and it can be confusing to know for sure whether you are legally eligible for full time benefits or not. Actually, no state or federal law clearly defines a full or part time employee, but in California, the Department of Labor Relations states that a full time employee is someone who works 40 hours per week or more. This means that while many companies offer full time employment at 36 hours per week, they are not legally required to do so. Also, those companies which make salaried employees work at least 50 hours per week are within their legal rights.
- For some, a part time schedule is not enough to pay the bills and make ends meet. In these situations, filing for unemployment is necessary. It is possible to file for unemployment while still employed in a part time status. File for unemployment by providing proof that you cannot fulfill necessary and basic financial requirements for survival (i.e., rent, food, caring for children if applicable, etc.). While it is possible to receive aid from unemployment, the ruling can be challenged by your current employer within 10 days of the unemployment office's decision to pay out unemployment. To do this, the employer must provide proof that you have been working for the same employer since the date of the claim, that you have been less than full time for the entire duration of your employment and that you have not received extra money which might mean you were working under the understanding that you would be able to support yourself.
- The federal minimum wage for all employees, part and full time, is $7.25 per hour. While this is the federal requirement, states have the option of setting a higher minimum wage; California has set the minimum wage at $8 per hour regardless of employment status. Part time employees are protected under state law and can demand $8 per hour, even if the corporation is based in a state with a lower minimum wage.
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