Part-time work in California offers flexibility for millions across the state. However, with no universal standard in place, that flexibility means employers set their own thresholds for what constitutes part-time employment.
Understanding this complex topic is essential for both employers and workers. As the definition of part-time work varies between companies, so can benefit eligibility, overtime pay, and legal protections under California labor laws.
Key Takeaways
- Part-time work in California generally means working between 20–29 hours per week
- Employers have the flexibility to set their own part-time hour thresholds
- California law provides specific protections for part-time workers, no matter the hours worked
Defining Part-Time Work in California
California labor laws face a constant balancing act, providing important protections for all workers while, once again, maintaining that critical classification flexibility. In California, part-time work typically means working fewer than 40 hours per week. Most employers, however, consider 32 hours or less as part-time employment.
More specifically, part-time schedules usually range from 16 to 32 hours per week. In industries like retail and food service, businesses might schedule part-time employees between 20–29 hours per week to manage costs and peak business hours.
California Employment Law: Worker Benefits and Rights
California’s state laws set strong protections for part-time workers to make sure they receive many of the same rights as full-time employees. These protections cover everything from fair wages and overtime pay to healthcare benefits and workplace safety standards. Knowing these rights helps both employers and employees avoid potential legal issues.
Health Insurance Options
Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees must offer health insurance to workers who put in at least 30 hours per week. Companies that don’t comply face financial penalties.
However, some employers in California voluntarily offer health benefits to employees with 20 or more part-time hours per week, even though it is not required under the ACA. Additionally, California’s Covered California marketplace provides health insurance options for part-time workers who do not receive employer-sponsored coverage.
Paid Sick Leave and Vacation Pay
California employment law also stipulates that all part-time workers accrue one hour of paid sick leave for every 30 hours they work. Employers must track sick leave and allow employees to use it without fear of retaliation. Mosey automates determining where and when you need to register for paid sick leave accounts in each state to streamline compliance. In contrast, vacation pay is not legally required in California. Many employers do, however, offer prorated vacation benefits to part-time staff based on hours worked.
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Workers’ Compensation
Both workers’ compensation and unemployment insurance are available to part-time employees. These benefits provide protection if a workplace injury or job loss takes place. Employers must provide this coverage and accurately report injuries or terminations to avoid potential penalties.
Of course, part-time workers also have the right to a safe workplace, protection from discrimination, and access to their personnel records. Thus, employers must maintain a safe work environment and prevent discrimination.
Minimum Wage Requirements
California’s state minimum wage is $16.50 per hour as of January 1, 2025, applying to both part-time and full-time workers. However, many cities have established different minimum wage laws.
For instance, San Francisco’s minimum wage will increase to $19.18 per hour on July 1, 2025, while Los Angeles already requires $17.28 per hour. In the first example, employers with part-time workers in San Francisco must adhere to the city’s minimum wage, even if their company is based elsewhere.
It’s important to note that fast food and healthcare industries may be subject to higher minimum wage requirements as well. Failure to comply with these regulations can result in fines and penalties from the DLSE (Division of Labor Standards Enforcement).
Part-time employees must also receive their wages at least twice per month on designated paydays. Employers are required to provide itemized wage statements showing hours worked and pay rates.
Overtime Pay
Part-time, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for hours worked beyond 8 in a day or 40 in a week. Double-time pay applies for work beyond 12 hours in a day or 8 hours on the seventh consecutive workday. For example, if a part-time worker works 10 hours, they get 2 hours of overtime pay. Non-compliance with overtime regulations can lead to wage claims and penalties from the DLSE.
Work Breaks Required by Law
California law mandates that part-time workers receive a 10-minute rest break for every 4 hours worked and a 30-minute lunch break for shifts exceeding 5 hours. Accurate recordkeeping is essential. Employers must track all hours worked (including overtime) and maintain accurate records for at least three years.
Retirement Plans under ERISA
The Employee Retirement Income Security Act (ERISA) protects part-time workers who meet eligibility requirements for employer-sponsored retirement plans. Part-time California employees working 1,000+ hours in 12 months must receive the same retirement plan access as full-time colleagues if their employer offers such benefits.
Further, many companies offer 401(k) plans with employer-matching contributions to eligible part-time staff, though vesting schedules and matching rates may vary. CalSavers provides a retirement savings option for part-time workers when their employers don’t offer one.
Navigating Part-Time Hours and Employment
California law also protects part-time workers on classification and access to unemployment benefits. Still, it’s important to understand how employment status can affect certain workers’ rights and the benefits available to them.
Misclassification of Employees
The Employment Development Department (EDD) has strict guidelines to stop employers from misclassifying part-time employees as independent contractors. Employers must meet specific criteria to classify workers as contractors rather than employees.
To reiterate, part-time employees are entitled to the same basic workplace protections as full-time staff, including minimum wage, overtime pay, and meal breaks. Misclassified workers often miss out on these essential benefits. Workers who think their employer misclassified them can file a complaint with the EDD. The department investigates these claims and can require employers to properly reclassify workers and provide back pay for missed benefits.
Unemployment Insurance Eligibility
Part-time workers in California can qualify for unemployment insurance benefits if they meet the state’s earnings requirements. The EDD calculates eligibility based on wages earned during a 12-month base period.
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As in any state, part-time workers must actively seek work and be available for employment to maintain benefits. They can accept part-time positions while receiving reduced benefits. Also, the weekly benefit amount depends on previous earnings. Part-time workers who lose their jobs through no fault of their own may receive between $40 and $450 per week for up to 26 weeks.
Transitioning Between Employment Types
Employees can request an employment status change through formal channels. Most companies will require written notice along with proper documentation for any part-time or full-time status changes. The entire transition process usually takes 2–4 weeks, giving employers time to adjust schedules and update benefit enrollments. However, employees should review their current benefits and understand potential changes before switching.
Addressing Part-Time Employment with Mosey
Determining what counts as part-time work in California isn’t always straightforward. With no universal definition in place, employers set their own policies, which can have significant repercussions if walking in blindly. Suffice it to say, flexibility comes with legal risks for businesses—misclassification, wage disputes, and benefits eligibility mistakes can all lead to costly penalties.
Mosey simplifies multi-state employee management by automating compliance tasks like payroll tax registration, tracking filing deadlines, managing required policies, and notifying you of changing legislation that will impact your workforce. Businesses can use Mosey to get and stay compliant with California labor laws. Whether you need guidance on policies, payroll, or state-specific regulations, our experts are here to help. Schedule a demo with Mosey today to find out more.
