A Guide to California Labor Laws for the Part-Time Employee

What is A Part-Time Employee Under California Law?

According to the California Department of Fair Employment and Housing and, more importantly, the California Wage Orders, there is no specific legal definition of a part-time employee. Rather, the Wage Orders are silent on the issue of whether 40 hours a week constitutes a full-time employee and, by implication, those who work less are considered, perhaps, part-time employees .
More specifically, a part-time employee is generally considered to be someone who works for fewer hours than the full-time schedule of the employer’s firm. California law does not require employers to give advance notice to part-time employees of their work schedules or of schedule changes. Of note, there is some variance among California employers with respect to hours-per-week guidelines for a full-time work schedule, which can influence the definition of a part-time employee.

Minimum Wage Requirements for Part-Time Employees

California law mandates a minimum wage for all workers, whether full-time or part-time. However, when it comes to part-time workers, some companies take their liberties and offer them less than the mandated minimum. This is illegal and results in huge fines if the California Labor Board catches you.
More likely, the employer fails to realize that these laws cover part-time workers, too, resulting in an unfortunate dispute that damages both parties.
No sitting employer can have sat through an episode of "The Office" without hearing Michael Scott utter the memorable line "Sometimes I’ll start a sentence and I don’t even know where it’s going. I just hope I find it along the way." This describes quite accurately an action that many employers undertake regarding labor laws and their owed amounts to their employees.
Employers cannot just decide the amount they want to pay their employees. They must comply with all California labor laws when it comes to wages. As such, the minimum wage for employees in California is $15 and will gradually go up over the next few years.
What about part-time employees? What happens if the employee only works 10 hours per week? Their pay is prorated to reflect that. For example, if you hire a lawyer for five hours per week that you agreed to pay at the Ohio prevailing wage rate of $33.55 per hour, then, assuming the state and federal minimum wage is $15, you must multiply 3 by 15, which is 45, then multiply that by $15 per hour, which would give a total amount owed of $675. Alternatively, if you hire a nurse at the prevailing wage rate of $50.25 per hour, the same mathematic calculations would give you an owed amount of $736.13.
It is not uncommon for someone to work a set amount of hours in a week, even if they are a full-time employee. An example of such would be a part-time employee who works 10 or even 15 hours a week. That person would still be entitled to a minimum of $15/hour for services performed, meaning at the end of the week, the employee would be owed a minimum of $150-$225, even if they did not perform work for the standard 40 hours a week.

Part-Time Employees Eligible for Overtime Compensation

In general, the standard workweek in California is 40 hours per week. Whenever an employee works more than 40 hours in one week, that employee is entitled to overtime pay. California Labor Code § 511. This means that part-time employees who are not covered by an exception must be paid overtime for hours worked over 40 in a week. If the employee works more than 8 hours in one day and he or she is not covered by an exception, the employee has the same right to overtime pay as a full-time employee. California Labor Code § 510(a).
One of the common exceptions to the 40-hour workweek is where the part-time employee works less than 40 hours per week no more than 3 times in a calendar year. These employees are exempt from the overtime pay requirements under the California Labor Code. California Labor Code § 510(b). Where the part-time employee works less than 40 hours for four (4) weeks in a calendar year, the exception does not apply and the employee is entitled to overtime.
Where the employee is an executive, administrative, or professional employee, he or she is exempt under the overtime pay laws if they meet the following tests. California Labor Code § 515(a). The employee is an executive employee if he or she meets all of the following conditions: (1) primarily manages the business, or customarily and regularly directs the work of two (2) or more employees; (2) has the authority to hire or fire the employees or in the same magnitude, his or her suggestions are given particular weight; and (3) customarily and regularly exercises discretion and independent judgment.
An employee can qualify as an administrative employee if he or she primarily performs duties in direct support of management level employees. An employee is considered a professional employee if he or she holds either a public accountant’s certificate, licenses as an architect, pharmacist, dentist, medical doctor, or lawyer, or is a teacher, covered by California Labor Code § 515(c).

Breaks and Meal Periods for the Part-Time Worker

California law prescribes very specific rules regarding employee rest periods and meal breaks. While all employees must receive employee rest periods and meal breaks (with two exceptions—see below), one exception to the rule is that employers may prorate the breaks for part-time employees, depending on when they work.
When calculating the length of rest and meal periods, the regular rate of pay is "deemed to be the basic rate of pay per hour, exclusive of premium rates." 11 C.C.R. § 11(A). The basic rate of pay per hour "is the hourly rate computed by dividing the employee’s total earnings in any pay period by the total hours worked in the pay period for which those earnings were paid, whether the payment is measured by the time, piece, commission, or otherwise." Id. A few exceptions apply to the regular rate of pay calculation, where the earnings are not computed with respect to the total hours worked or are paid for services for which a fixed hourly wage has been agreed upon:
Rest Breaks
If the work period is more than three and up to six hours per day, the employee is entitled to a paid 10-minute rest break for each four hours worked, or major fraction thereof. 11 C.C.R. § 11(C). Employers are required to authorize and permit the employee to take this rest period. If the rest period is authorized and taken, employers need not compensate the employee for the time and pay him/her for the duration of the rest period. Id.
Meal Breaks
If the work period is more than five hours per day, the employee is required to be "relieved of all duty" for at least 30 consecutive minutes for a meal period, the second meal period is required if the total work period for the day exceeds 10 hours. 11 C.C.R. § 11(D),(F). Employers are required to provide a second meal period again if the total work period for the day exceeds 10 hours, and this second meal period can be waived by mutual consent of the employer and employee when the total hours worked is no more than 12. Cal. Labor Code, § 512(a). Employers may not include an unpaid on-duty meal period as part of the work time for a shift that is less than six hours, unless otherwise provided in a collective bargaining agreement or other written agreement. 11 C.C.R. § 11(D),(E). Additionally, an employee who works no more than 12 hours per day may waive a second meal period only when the first meal period was taken; the employer should not be allowed to require workers to be in their seats at their next station by the end of the first take and rest and meal breaks are separated into two distinct opportunities. Further, when the work day exceeds 12 hours, the employer should not be able to hold an employee on duty and off of the clock past the end of his/her shift.
Exceptions
The first exception to these rules is when the employee’s total daily work time is no more than three and one-half hours. 11 C.C.R. § 11(C). Under these circumstances, the employee is not entitled to a meal period or a rest period. Id.
The other exception to California meal period and rest period requirements relates to "collective bargaining agreements." The law provides that "all the provisions of section 512 shall not apply to (1) an employee to whom a collective bargaining agreement applies if (i) the agreement is written, (ii) it expressly provides for meal period and rest period premiums to be paid to the employee in accordance with subparagraph (C) of this paragraph 2, and (iii) the agreement provides for wages, hours of work, and working conditions to be mutually agreed upon by the parties, and (2) an employee engaged in an occupation in which a collective bargaining agreement is in effect if the agreement expressly provides for meal period and rest period premiums to be paid to the employee in accordance with subparagraph (C) of this paragraph 2. Cal. Labor Code, § 512(e)(1),(2).

Health Benefits for the Part-Time Worker

California is one of the few states that has a statute dedicated to health benefits for part-time employees. Under section 2261 of the Labor Code, an employee is entitled to health benefits if he or she works 20 or more hours per week and has no other dependents who are eligible for health benefits. The employer must provide the employee with a written checklist that includes the following:
An employee can also waive coverage if they so choose, but the employer may still be liable for that employee’s share of any premiums. Employers must provide this notice at the time of hire and on an annual basis .
Although this section of the Labor Code applies to public employers only, California’s Fair Employment and Housing Act (FEHA) underscores what employers should consider when making health benefits decisions. Under Government Code section 12926 (n), the FEHA states that it is an unlawful employment practice to discriminate against a person in hiring, termination, or terms and conditions of employment because of familial status. With this in mind, an employer might want to consider offering health benefits to part-time employees with children who are under 26 years of age and thus eligible for coverage under the Affordable Care Act (ACA).

Sick Days and Time Off for Part-Time Employees

Sick leave policies apply to part-time employees just like regular employees, but an employee need not be paid for sick time if the employee does not work enough time to earn time off. Under California Labor Code subsection 246(o) employees may be subject to a labor contract or benefit plan of some kind, and do not have a right to sick time when none is actually provided. This is true of part-time workers.
The paid sick time requirements of Labor Code section 246 apply to all employees, whether part-time or full-time. Employees are entitled to at least one hour of paid sick leave for every 30 hours they work. An employee who works only a few days a month will accrue only a small amount of paid sick leave, which accrual would not reach the 24 hours per year maximum until after two years of continuous employment. Labor Code section 246(i) provides that the rights provided by section 246 are in addition to any other rights or benefits provided by a collective bargaining agreement or employer policy and does not require a change to an existing paid sick leave or paid time off (PTO) policy that provides at least the same rights afforded by section 246. To the extent that an employee has a right to or accrues paid vacation time, under Labor Code section 227.3 once an employee has earned vacation time it may not be taken away. Section 246(i) expressly refers to PTO policies, indicating that PTO policies that provide for greater rights than that provided for by the statute are not diminished by section 246. Section 246(i) seems to indicate that existing PTO policies that provide for fewer rights than earned under section 246 are not valid; although, that interpretation would seem to undermine the PTO provision quoted above.
In addition to paid sick leave, part-time employees may also receive a paid day off under Assembly Bill 1792. Since January 1, 2015, California employers have been required to provide a day off to part-time employees who have worked 30 consecutive days in six months before the request for a day off is made. Employees must be allowed to use the day off within one year after accrual. Employees covered by a collective bargaining agreement are exempt from the requirements of AB 1792 if the agreement expressly provides for a weekday off every seven days.
Part-time employees in the travel care industry are also entitled to pro rata meal periods under AB 2280. Part-time hotel room cleaning staff are entitled to 50 percent more pay for time spent replacing sheets and towels. Part-time workers who work for five hours or more in a workday must now receive a second meal period of one-half hour when they work for at least ten consecutive hours. Employers are prohibited from refusing a requested day off to part-time employees who give the employer at least a week’s notice.

Termination Policies and Employment Security

California law mandates that if an employer has a handbook, it is considered a contract of employment and the employee may not be terminated at will. Even if the employer does not have an employee handbook, the California Labor Code Section 2922 requires employers to have good cause reasons to terminate an employee. The California Supreme Court has held that unless the employee has signed an agreement for employment for a specific term of employment, the employment is "at-will" (i.e., "at any time by either party, with or without cause"). However, the California Supreme Court also held that there is a strong presumption that there is an implied covenant of good faith and fair dealing in every employment relationship and that employers may not terminate an employee with the sole motive to prevent them from receiving money or benefits that would otherwise have vested if the employment had continued. For instance, if an employee would have earned an annual bonus for the current year if she had continued in her job until year end, that employee would have a claim for wrongful termination if she was terminated mid-year solely to prevent her from earning that bonus. In other words, employers in California cannot terminate their employees in an arbitrary or capricious manner, in violation of public policy, or in violation of an agreement between the employer and the employee. Nonetheless, despite the at-will doctrine, California law does not prevent employers from terminating employees at will.

Additional Resources on California Employment Laws

Several organizations are available to answer questions and provide information about part time employees and their rights under California labor laws. You may contact the Department of Labor to get further information on some of the topics covered in this blog post, or to find help for other issues you may face as a part time employee.
The U.S. Department of Labor Wage and Hour Division is the division of the Department of Labor responsible for administration of federal laws regarding wage and hour issues. You may call or visit your local office for help regarding federal information concerning overtime , the minimum wage, worker’s compensation, and more.
The California Department of Industrial Relations is the State of California’s counterpart to the U.S. Department of Labor. The DIR handles a number of matters that are closely analogous to federal law, such as providing information on workers’ compensation, unemployment insurance, Cal-OSHA, oversight of the minimum wage, and enforcement of prevailing wage laws. The Department of Industrial Relations helps employers comply with California labor laws and protect the rights of California workers.