How Many Hours is Part-Time in New York? (2022 Guide)

How many hours is part-time in New York? Though a 40-hour workweek is typically considered full-time. The Fair Labor Standards Act – a document that establishes the core labor standards for U.S. employees, including minimum wage and overtime compensation – does not define full-time or part-time employment, according to the U.S. Department of Labor.

In New York, like in all other states, each employer has the option to determine what constitutes full-time or part-time work.

New York Part-Time Hours vs. Full-Time Hours

The New York State Department of Labor places no restrictions on how many hours employees can work each day. However, they must provide employees who work shifts longer than six hours with at least one uninterrupted 30-minute lunch break, which they are not required to pay for.

There are no restrictions on how early an adult employee can begin working or how late an adult employee can work. In some places of work, including factories, mercantile enterprises, and restaurants, the law does oblige businesses to provide employees with 24 hours of rest every calendar week.

New York's Quantification for Over Time

Even though the New York State Department of Labor does not define full-time hours, it does define overtime. Employers in New York must provide overtime compensation to nonresidential workers (those who do not dwell at their workplace) who work more than 40 hours in a single payroll week. After 44 hours, residential or "live-in" employees get entitled to overtime pay.

Average Working Hours in New York

According to the most recent available data from the Bureau of Labor Statistics, the average employee on a private, non-farm payroll in New York worked 34 hours per week in 2012. Working hours vary by industry; for example, those in manufacturing worked an average of 40 hours per week, while those in the leisure and hospitality industries worked 27.4 hours per week. According to the same BLS statistics, New York's average is quite close to 34.6 hours per week.

Minimum Wage Requirements for New York

Like all other states, New York mandates companies to pay a minimum wage to both part-time and full-time employees. In 2017, New York had four minimum wage rates for different areas and sectors, with wage hikes timed to allow different types of firms to adjust. The state has set a fee for each group, with yearly increments increasing the wage to $15 per hour in the following three years.

Large firms with 11 or more employees get required to pay a legislated minimum wage of $13 per hour, with a mandatory rise to $15 per hour from December 31, 2018. Small businesses with ten or fewer employees must pay $13.50 per hour until the end of 2018, after which the minimum wage will rise to $15 per hour at the end of December 31, 2019.

Through 2018, all firms in the Long Island and Westchester counties of New York will pay $12 per hour, with a $1 raise every year until 2021, when the minimum hourly wage will be $15. The minimum wage for the rest of New York state employers is $11.10 per hour until December 31, 2018, rising to $12.50 per hour at the end of 2020.

Common Full-time Hours vs. Part-time Hours Questions

How many hours does it take to work full-time?

Full-time gets defined by the IRS and the Affordable Care Act (also known as Obamacare) as anyone working 30 hours or more per week or 130 hours per month. The United States Department of Labor does not define full-time employment.

If your organization is not classified as an Applicable Large Employer (ALE) by the IRS, these definitions may not apply to you. Companies with less than 50 employees are generally not deemed ALEs. However, this might vary depending on various factors.

State regulations may also define full-time to get certain benefits, and rules such as COBRA may impact.

What's the difference between working full-time and working part-time?

Employers choose how many hours a week are considered full-time and part-time and the distinctions between the two. Benefits and health care get frequently limited for part-time employment. A part-time employee, for example, may not be eligible for paid time off, health insurance, or paid sick leave.

What is the minimum number of hours a full-time employee must work?

The U.S. Department of Labor does not define a full-time employee, but the IRS and the Affordable Care Act (often known as Obamacare) describe it as working 30 hours or more per week or 130 hours or more per month.

If your organization is not classified as an Applicable Large Employer (ALE) by the IRS, these definitions may not apply to you. Companies with less than 50 employees are generally not deemed ALEs. However, this might vary depending on a variety of factors.

State regulations may also define full-time to get certain benefits, and rules such as COBRA may impact.

What kinds of occupations are appropriate for part-time work?

Part-time jobs have traditionally been the realm of retail, fast food, and hospitality workers, as they require flexible hours to suit fluctuating demand. However, more professionals are increasingly working part-time to allow greater freedom for both individuals and businesses.

Is working 32 hours a week considered part-time?

While most businesses define full-time employment as between 32 and 40 hours per week, the Affordable Care Act stipulates that a part-time worker works less than 30 hours per week. A 32-hour workweek is considered full-time under the Affordable Care Act.

Is it possible for a part-time employee to advance to a full-time position?

A temporary adjustment may turn into a long-term one, and a part-time employee may get forced to work full-time hours for a lengthy period. You'll want to have a policy that specifies when a part-time employee becomes a full-time employee to give benefits uniformly across your business and avoid any potential IRS and ERISA breaches.

Am I going to apply for overtime?

The FLSA restrictions on exempt and non-exempt employees apply to part-time workers' overtime. Part-time employees may be required to occasionally work overtime or more than 40 hours a week. This policy may occur during a company's peak season, when a full-time employee cannot work, or when other circumstances change. Most likely, you'll have to pay a part-time employee overtime, but make sure you read the guidelines beforehand.

Is there a right to vacation for part-time employees?

Employers are not required to provide vacation time to part-time employees. On the other hand, part-time workers are frequently given time off by their employers. Typically, this gets done on a pro-rata basis.

What rights do part-time workers have?

Part-time workers often do not have access to the same health and retirement benefits as full-time employees. They are entitled to a minimum pay and meal and rest intervals that are proportional to the length of their shift.

Part-time employees are entitled to how many sick days?

Mandatory sick leave laws are only in Arizona, California, Connecticut, Massachusetts, Oregon, Vermont, and Washington. While there are no federal rules requiring sick leave, states vary in their policies, ranging from five to fourteen days.

How many hours does part-time work entail?

Employers usually decide whether employees work full-time or part-time hours each week. According to the U.S. Department of Labor, the Fair Labor Standards Act (FLSA) does not define full-time or part-time work. On the other hand, the IRS considers someone full-time if they work 30 hours or more per week or 130 hours or more per month.

Additional resources

• What are part-time hours?
• Changing from full-time to part-time
• How many hours is part-time in California?
• How many hours is part-time in Texas?
• How many hours is part-time in Florida?
• How many hours is part-time in New York?

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