| Misconception | DOL Clarification | |---|---| | Part-time employees are not entitled to overtime. | Incorrect. Overtime is based on hours worked (over 40/week), not job classification. | | Part-time work is limited to 20 hours per week by federal law. | Incorrect. No federal statute establishes a maximum weekly hour cap solely for part-time status. | | Employers may pay part-time workers less than minimum wage. | Incorrect. Minimum wage applies regardless of hours worked. | | Part-time employees have no right to a rest break. | The FLSA does not mandate meal or rest breaks. Such requirements, if any, arise from state laws, not part-time status. |
The Department of Labor reaffirms that part-time employment is a legitimate and flexible work arrangement. However, part-time status does not exempt employers from core FLSA obligations, including minimum wage, overtime for hours over 40 per week, and accurate recordkeeping. Employers are encouraged to maintain clear, written policies defining part-time status and to comply fully with applicable state laws. dole explanatory bulletin on part-time employment
Employers and employees must note that state laws may impose stricter requirements. Some states define part-time status more narrowly (e.g., fewer than 30 hours per week) or mandate paid sick leave and rest periods for part-time workers. In cases where federal and state standards differ, the standard more protective of the employee applies. | Misconception | DOL Clarification | |---|---| |
This bulletin provides general guidance on the classification, compensation, and regulatory treatment of part-time employees. Its purpose is to clarify that part-time employment is defined primarily by employer policy and operational practice, not by statutory maximum hour thresholds under the Fair Labor Standards Act (FLSA). | | Part-time work is limited to 20