employers that try to skirt the numerical threshold by relying on part-time labor also need to be careful.
Under the Act, an employee is considered to be “full-time” if he or she averages at least 30 hours per week – not the 40 hour work week most employers are familiar with for purposes of calculating overtime. Work hours include each hour in which the employee is performing duties for the employer, and each hour in which the employee is not performing duties, but otherwise is entitled to pay because of vacation, holiday, illness, incapacity/disability), or a similar excused absence.
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