Are you living in California and working part-time, or perhaps, given the current economic climate, you have a couple of part-time positions? Whether you’re working part-time, delivering packages, providing residential care like housekeeping, serving in a restaurant, or working a corporate gig, knowing your protections under California and federal regulations is a necessity. Alternatively, if you’ve recently discovered that your employer is classifying you as part-time despite your belief that you’ve been working full-time, clarifying your status is urgent—vital benefits are on the line. If you find yourself in such a predicament, consulting with a Southern California employment lawyer could provide invaluable insight into your rights and potential courses of action.
What is Perceived as Part-Time Work in California?
Part-time employment is an everyday reality for many California workers. It’s when you are clocking under 40 hours a week. You may be juggling this work with other responsibilities, commitments, or even other employment positions. While full-time status typically entails working 40 or more hours per week, as per CA Labor Code 515 (c), the categorization of part or full-time employment ultimately falls in your employer’s domain of responsibilities. Many companies appoint employees working less than 40 hours as part-time primarily to sidestep supplying healthcare benefits, a distinction not mandated under the law.
Equal Rights for All Workers
Despite the substantial distinction in healthcare insurance advantages and hours, part-time employees enjoy comprehensive protections under California state law. From overtime pay to sick leave, part-time workers are entitled to the same benefits as their full-time colleagues. The law’s inclusivity also supports other protections and perks like worker’s compensation insurance coverage and unemployment benefits, ensuring equitable treatment.
Additionally, California’s laws protect part-time workers from discrimination based on their employment status. If you work over or under 40 hours a week, you still very much have the right to a workplace that is discrimination-free and free of harassment. Moreover, you are still shielded by state and federal discrimination and harassment laws for protected characteristics like race and ethnicity, age, sex, and more.
If you’ve been mistreated due to part-time status or any other covered form of discrimination, harassment, and retaliation, seeking legal guidance is critical. It’s imperative to realize your rights and how to enforce them. Further, filing a complaint, report, or suit ensures that others in your workplace and future employees have a fair and just work environment. When discrimination or harassment occurs, it’s usually not the perpetrator’s first episode of illegal and damaging behaviors, but it may be the first time they are being held accountable for such hurtful and unlawful actions.
Note: The same discrimination and harassment protections apply to undocumented workers. Further, undocumented individuals are eligible for wage and hour law rights and protections and may also qualify for workers’ compensation. Additionally, if you find yourself facing discrimination, harassment, or retaliation in your part-time position, especially in Southern California, it’s crucial to seek assistance from experienced San Bernardino employment attorneys. They can help you navigate the complexities of state and federal laws to ensure your rights are protected and upheld in the workplace.
Navigating Minimum Wage Standards and Beyond
Its minimum wage regulations show California’s commitment to fair labor practices. As of January 1, 2024, all workers, regardless of their full or part-time status, are entitled to a minimum wage of $16.00 per hour from most employers in the Golden State. Further, starting in April 2024, fast-food employees will receive $20.00 for each hour on the clock. In June of this same year, healthcare workers can look forward to a bump in minimum wage pay, earning anywhere from $18 to $23 per hour. Paid sick leave, mandated by California’s Family Rights Act (CFRA), further reinforces part-time workers’ rights, offering essential time off for medical needs or caregiving duties.
What about Workers’ Comp?
Accidents and injuries know no bounds, happen in the workplace, and do not distinguish between part-time and full-time workers. Workers’ compensation is insurance your employer carries to cover these incidents so that workers can receive additional compensation if injured at or resulting from their job. Whether or not part-time workers can successfully file a claim and receive workers’ compensation depends. In general, if you are a part-time worker in an accident or suffering an injury related to your job, yes, you can file for workers’ comp.
In California, part-time workers looking to file for workers’ compensation must be aware of the statute of limitations to file a worker’s compensation claim. When people think of the statute of limitations, they tend to assume it’s the same as for car accidents or medical malpractice: two to three years. However, you only have 30 days from the accident to file a worker’s compensation claim unless you suffered an injury at work and the damage was not immediately apparent. In situations where the injury was not obvious right away, you still have 30 days to file from the day you became aware of your injury.
Domestic and Residential Workers: In the past, there was an assumption part-time workers had to have worked 52 hours within 90 days and earned $100 at a minimum, but this does not apply to all part-time workers, and it is no longer entirely valid for domestic workers. Modified in 2017, the regulation focuses more on residential workers establishing status as employees, such as house or groundskeepers, house cleaners, dog walkers, or other individuals providing in-home or on-property assistance or care. With the legal transformations, a residential worker is regarded as an employee as long as they can demonstrate they were contracted for over 52 hours within 90 days and contracted to earn at least $100. Due to the change in the law, workers’ compensation benefits now expand to include many part-time residential and domestic workers. However, some gray areas in the law and some employment-related circumstances are not covered. Further, you may technically fall under the classification of an independent contractor, or your employer may try to unlawfully misclassify you to avoid workers’ compensation insurance and other critical responsibilities. Always consult a legal professional for these matters to be sure you get the compensation you may be entitled.
Do Part-Time Workers Get Breaks?
Yes, part-time workers are entitled to wage and hour laws in California, including mandatory rest breaks. According to state regulations, non-exempt part-time employees should be permitted an uninterrupted 10-minute rest period every four hours they work. For instance, you are entitled to a ten-minute recess if you do a six-hour shift and complete four hours. Under California labor codes, employers who fail to follow mandatory rest break regulations and other wage and hour guidelines can face severe consequences and financial penalties. Some employees will fall short of these rules, intentionally or due to negligence. Therefore, it’s essential for you, as a part-time worker, to be aware of your rights regarding any violations and seek recourse should they occur. Further, you are entitled to all other applicable provisions under California’s hour and wage laws, including meal breaks, overtime compensation, and minimum wage laws.
What About Vacation Time Policies for Part-Time Workers?
While not mandated by state law, vacation time policies are crucial aspects of employment for both full-time and part-time employees. Earned vacation time accrues in real-time and cannot be withheld if you are terminated. Employers are required to pay employees for the accrued vacation days after their employment, ensuring fair treatment for all workers. Essentially, if they have a policy, then they must uphold it.
Knowledge Empowers
When you are at work, your employer has a legal obligation to ensure your safety while you’re at work and provide a hostile-free work environment that follows state and federal regulations. Kassel Law is committed to empowering part-time workers across southern California, especially in San Bernardino. Whether you’re facing misclassification issues or seeking clarity on your entitlements, our seasoned San Bernardino employment lawyers are here to provide guidance and support. Do not let unfair treatment or lost benefits go unaddressed—contact or call our team of employment attorneys in San Bernardino today at 909 884-6451 and take the first steps to secure the rights you deserve.
