Introduction
When you ask “what is considered full time in California,” you’re essentially asking how many hours someone must work to be classified as full‑time and what that classification means in terms of benefits, rights, and employer obligations. While there isn’t a single, universally accepted definition, the common standard in California is a 40-hour workweek. However, understanding full‑time employment in the state requires examining both federal and state laws, employer discretion, and possible variations for benefits eligibility.
Defining “what is considered full time in California”
In California, 40 hours per week is typically considered full-time for most purposes under state law. According to California Labor Code 515(c), full-time status is generally associated with employees working a standard 40-hour workweek.
Employers have the flexibility to define full-time differently, but 40 hours per week is the most common benchmark, especially when it comes to benefits eligibility, overtime pay, and other employment protections.
Why the Definition Varies: Federal vs. State Perspectives
The Affordable Care Act (ACA) Definition
Under the Affordable Care Act (ACA), an employee is considered full-time if they work 30 hours per week or 130 hours per month. This threshold is critical for determining eligibility for employer-sponsored health insurance.
For ACA purposes, 30 hours per week is considered full-time, not the standard 40 hours.
The Employee Retirement Income Security Act (ERISA) and Other Federal Benchmarks
The Employee Retirement Income Security Act (ERISA) uses a different definition for retirement benefits and pension eligibility. Often, working 1,000 hours per year (roughly 19.5 hours per week) qualifies an employee for full-time status regarding retirement plans.
So, depending on whether it’s health insurance, retirement benefits, or overtime, the full-time definition can vary under both state and federal regulations.
What Is Considered Full-Time Hours in California: Common Practices and Employer Discretion
Although California generally follows the 40-hour per week work standard, employers have discretion in defining full-time hours. Some companies may define full-time as 35 hours per week, while others may consider 32 hours per week full-time, depending on the industry and job.
Employers must apply their full-time definitions consistently. For example, if a company defines full-time work as 35 hours per week, this definition should be applied uniformly across similar roles or departments.
Implications of Full-Time Status: Benefits, Overtime, Leave, and Classification
Full-time status impacts several aspects of employment, including:
- Benefits eligibility: Full-time employees are usually eligible for benefits like health insurance, retirement plans, and paid time off (PTO).
- Overtime rules: In California, non-exempt employees must receive overtime pay if they work more than 8 hours in a day or 40 hours in a week.
- Leave eligibility: Full-time employees may qualify for leave under the California Family Rights Act (CFRA) or federal FMLA, which have specific work hour requirements.
- Misclassification risks: Employers must avoid misclassifying employees who work full-time hours but are classified as part-time. This misclassification can impact benefits and overtime eligibility.
How Employers Determine Full Time Status in California
Employers typically determine full-time status based on the following factors:
- The number of hours worked (e.g., 35, 40, or more hours per week).
- The company’s policies or employment contracts should clearly define full-time status.
- Applicable laws, such as the ACA for health insurance eligibility or ERISA guidelines for retirement plans.
Tips for Employees: Know Your Status and Protect Your Rights
If you’re uncertain about your full-time classification, consider these tips:
- Check your employer’s policy to understand how they define full-time status.
- Review your contract or employee handbook to see if full-time status is clearly stated.
- Know your rights: If you’re working full-time hours (e.g., 40+ hours per week) but are labeled part-time and denied benefits, you might be entitled to full-time rights under California law.
- Consult a lawyer: If you suspect misclassification or have concerns about benefits, seek advice from an employment lawyer.
FAQ
- Is 32 hours considered full-time in California?
Some employers define full-time as 32 hours per week, especially in industries like retail or healthcare. However, 40 hours per week is the more common standard. - Is 30 hours a week full-time in the US?
Yes, under the Affordable Care Act (ACA), an employee working 30 hours per week is considered full-time for health insurance purposes. - Is 35 hours a week full-time in California?
While the general standard for full-time employment in California is 40 hours per week, some employers may define full-time as 35 hours per week. - Is 32 hours a week still considered full-time?
Yes, 32 hours per week can be considered full-time, depending on the employer’s policies. In certain industries, particularly where flexibility is important, employers may define full-time as anything between 30-40 hours per week.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. For specific questions about full-time classification or benefits eligibility, please consult with a qualified employment attorney.
