What Constitutes Full-Time Employee Status in Virginia?
The U.S. Bureau of Labor Statistics uses 35 to 44 hours as its guideline for its research pertaining to full-time employment; for research concerning what it refers to as an extended workweek, the bureau looks at schedules of 45 for 99 hours per workweek. The U.S. Department of Labor, Wage and Hour Division doesn't indicate what full-time status is, yet a 40-hour workweek is the threshold relied upon for purposes of overtime compensation.
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Federal Law
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The U.S. Department of Labor clearly states that the Fair Labor Standards Act doesn't address full-time or part-time status for employees. The agency further states that the definition of full-time employment is up to the discretion of the employer and the employee. The FLSA does address work hours concerning child labor; however, full-time status for adult workers is a matter determined by the employer's business demands and the employee's schedule preference.
Wages
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Employers have the right to set different wage rates for full-time employees and part-time employees; however, the FLSA regulations regarding minimum wage and overtime pay still apply. At the time of publication, the federal minimum wage and the minimum wage for Commonwealth of Virginia employees is $7.25 per hour. Employers cannot circumvent the FLSA regulations concerning minimum wage or overtime, regardless of whether they deem positions to be full-time or part-time jobs.
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Virginia Department of Labor and Industry
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The Virginia Department of Labor and Industry is the state agency responsible for enforcing certain labor laws. However, matters concerning minimum wage, overtime pay and breaks generally are under the jurisdiction of the U.S. Department of Labor. Virginia law defers to the federal laws to minimize the potential of misinterpretation or conflict between the intent of federal or state laws.
Full-Time Employment
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For the purposes of overtime compensation, 40 hours constitutes a workweek. Most employers consider 40 hours a typical workweek, although other employers consider 35 hours, 37.5 hours or even 45 hours a full-time schedule. The Virginia Workforce Connection, the agency responsible for handling claims for unemployment benefits, adopts the definition of full-time employment the U.S. Bureau of Labor Statistics uses, which is 35 or more hours during a seven-day, 168-hour week.
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