In Florida, part-time employment involves working fewer hours than co-workers deemed full-time employees by their employer. Often, it’s because a worker has a second job, is in school, or has other personal obligations to attend to. This raises several important questions. Does a worker’s rights and benefits differ when they work in part-time employment versus a full-time role? And what legal protections do part-time employees have in Florida?
What Is Considered Part-Time Hours in Florida?
Federal law does not address or define part-time employment. Instead, the federal Fair Labor Standards Act (FLSA) applies equally to full-time and part-time jobs. Similarly, Florida does not have a specific law defining how many hours is part-time. However, many people consider part-time employment as working fewer than 35 to 40 hours per week.
Part-Time vs. Full-Time: What’s the Legal Difference?
On a day-to-day basis, full-time and part-time employees at the same workplace may not seem that different. They may have similar work duties and some of the same legal protections. However, there are also some key differences.
Hours
While full-time employees usually work about 35 to 40 hours a week, part-time workers typically average around 20 to 30 hours.
Schedule
Full-time employees generally expect to receive the same number of work hours assigned each week. However, part-time employees’ hours may vary from week to week depending on the employer’s needs.
Benefits
Full-time employees typically receive various employment benefits, such as:
- Employer-sponsored health insurance
- Paid time off (PTO)
- Employer-sponsored life insurance
- Retirement benefits, such as pension plans
- Various other benefits like fuel stipends, reimbursement of cell service costs, or reimbursement of gym membership fees
However, some employers may also offer some of these benefits to part-time employees.
Do Part-Time Workers in Florida Qualify for Benefits?
Various state and federal laws may determine benefits eligibility based on the number of hours an employee works per week. Employees who work hours that many would consider “part-time” may still qualify for various benefits from their employer or the government. For example:
- Health insurance – The Affordable Care Act (ACA) requires employers with 50 or more full-time equivalent employees (FTEs) to extend health insurance coverage to qualifying staff. Under the law, FTEs include employees who work an average of 30 hours per week or 130 hours per month or more.
- Medical and family leave – The Family and Medical Leave Act (FMLA) allows part-time employees who work for covered employers to qualify for job-protected unpaid leave. They must have worked for their employer for at least 12 months and at least 1,250 hours in the 12 months before requesting leave.
However, some benefits typically offered to employees are not required by law, such as PTO or pension plans. The employer generally has discretion over whether to extend these benefits to part-time employees.
Unemployment Eligibility for Part-Time Employees in Florida
Part-time employees in Florida can become eligible for unemployment benefits if they meet specific criteria, including:
- The employee must have earned a minimum amount of income in a certain period before they filed for unemployment benefits.
- The employee must be totally or partially unemployed through no fault of their own.
- The employee must be able and available to work.
Legal Protections and Recourse for Part-Time Workers
Part-time workers have many of the same legal protections as full-time employees. Florida and federal law also provide part-time employees with legal options when their rights are violated.
Workplace Discrimination and Harassment Protection
Part-time employees are protected against workplace discrimination and harassment due to certain characteristics. These rights are afforded by federal and state laws such as:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Florida Civil Rights Act (FCRA)
Wage-and-Hour Rights
Part-time employees have wage-and-hour rights under the Fair Labor Standards Act (FLSA). The FLSA entitles workers to receive the minimum wage set by Florida law. If a part-time employee were to work over 40 hours in a workweek, they would also be entitled to overtime pay at 1.5 times their standard pay for anything beyond the 40 hours.
Classification Rights
The FLSA also prohibits employers from misclassifying part-time employees as independent contractors to avoid legal obligations or deny an employee workplace and wage-and-hour protections.
Legal Options and Recourse
Part-time workers who believe their employer has violated their legal rights should seek experienced legal counsel from the labor and employment lawyers with Cruz Law Firm, P.A. Our legal team can review your case to help you understand your specific rights as a part-time employee and discuss your options for pursuing justice for the way those rights were violated. Depending on the circumstances, we may help you seek job reinstatement or other corrective actions. Other potential legal outcomes may include compensation for damages such as emotional distress, unpaid or lost wages, and even punitive damages in some cases.
Our firm is proud to advocate for the interests of hardworking people across Florida. We can help you assert your rights as a part-time employee in claims involving any of the following:
- Discrimination
- Harassment
- Hostile work environment
- Retaliation
- Wrongful termination
- Misclassifications
- Wage-and-hour violations
- Denials of legal benefits under laws such as the ACA or FMLA
- Any other violation of federal or state employment law
Need Legal Guidance on Your Part-Time Employment Rights?
Are you a part-time employee in Florida whose rights have been violated by your employer? If so, the legal team at Cruz Law Firm, P.A. wants to stand up on your behalf for the justice you deserve. We have over 20 years of combined legal experience, during which we have recovered over $15 million for hardworking people like you. Our dedication to achieving the best possible outcomes in cases has earned us the trust and respect of our clients. As one client wrote about our firm:
“Tiffany Cruz was great to work with on my employment case. She is extremely knowledgeable and a fierce advocate in fighting to make things right with my employer. Made me feel good to have someone like her on my side.” – Luis F.
If you require legal assistance, contact us today for a confidential consultation with an employment law attorney to discuss your rights as a part-time employee.
