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Employment Law/part time hours

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Question
QUESTION: What is the most hours that a part time employee can work and still be part time? I have heard that the law changed to where if you are part time you can no longer work more that 29 hours a week.

ANSWER: For insurance reasons employees that work 30 hours a week are considered full time employees. you must be considered a full time employee and receive all employee benefits if you work 30 hours a week or more.

Shirley

---------- FOLLOW-UP ----------

QUESTION: So as a part time employee you can not work over the 29 hours?Does this law stand for ALL employers (big & small companies)?

Answer
This is for insurance purposes. If the company offers medical insurance and benefits it applies. If the company is under 50 employees and does not offer medical insurance it does not apply.

The hourly employee is paid all hours worked regardless if they are part time or full time. They work over 40 hours in a week they must be paid overtime whether or not they are part time or full time.

The only thing that the part time and full time applies to are company benefits such as insurance.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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