About Part-Time Per Diem Employment
Employers determine part-time and per diem employment classifications. The federal
Fair Labor Standards Act does not provide a definition of part-time employment.
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Hours
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An employer may set a number of hours to designate a part-time employee as opposed to full-time. Employers may also hire employees on a per diem basis. Labor laws do not differentiate between the classifications. For example, an employer policy may be that employees who work fewer than 25 hours per week are considered part time or those who work only when work is available are classified as per diem.
Wages
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Employers must pay employees for all hours worked. Therefore, it would be unlawful for an employer to pay a part-time employee for 25 hours if the employee in fact worked 35 hours. Similarly if a per diem employee worked only one day in a week, the employer must pay only for the hours the employee worked that day.
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Benefits
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Employers can set policies that provide certain benefits to full-time employees but not to part-time employees. If an employer has such policies in writing, he must abide by them because employment policies and handbooks can be considered legal contracts between the employer and employee.
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References
Resources
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