U.S. Department of Labor

• Though the Department of Labor (DOL) does not cover the rights of part-time employees, these workers are protected under the Fair Labor Standards Act (FLSA) regardless of the number of hours worked per week. The DOL does not define full- or part-time work. Many full-time employees work 30 to 35 hours per week. The DOL labor laws cover only what the part-time employee is entitled to regardless of hours worked. Federal laws take a hands-off approach to part-time employment, thereby giving the states more control.
  
  

Part-timer's Rights Under the FLSA

• The Fair Labor Standards Act covers enterprises, individuals and domestic (in-home) part-time workers, such as housekeepers, babysitters and cooks. Enterprises are those with at least two employees who average a minimum of $500,000 in sales or service volume, as well as hospitals and government agencies. The FLSA has more control over the rights of part-time workers involved with interstate commerce. Interstate commerce may include production or labor that entails state-to-state transactions as well as secretarial and domestic work that crosses state lines.
  
  

State Rights Regarding Part-time Workers

• Some states require that part-time workers be paid overtime, like regular full-time employees. They may also be allowed vacations, breaks and pro-rated benefits based on the number of hours worked per week (defined as Monday through Friday). Check with your state for the applicable employment laws before accepting a part-time position.
  
  

Your State Department of Labor

• Most laws pertaining to part-time workers are governed by the state in which you are employed. If you happen to live in one state and work in another, you are subject to the laws of the state in which you are employed. The only exception is when interstate commerce laws apply to that particular field or industry or line of work.
  
  

Rights Regarding Hours Worked

• State law generally covers employees who work more than a stated number of hours per week. For example, if you work more than 25 hours per week, certain laws may apply; they may not apply if you do not work for a minimum number of hours. Under the federal Employee Retirement Income Security Act (ERISA), employees who work an average of 1,000 hours in a pension-plan year (whenever that fiscal year starts) must be included in the same company pension plans that are offered to full-time workers.