{"id":357767,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/hiring-process\/part-time-temporary-and-seasonal-employees.html"},"modified":"2026-03-05T11:38:35","modified_gmt":"2026-03-05T16:38:35","slug":"part-time-temporary-and-seasonal-employees","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/part-time-temporary-and-seasonal-employees.html","title":{"rendered":"Legal Rights of Part-Time, Temporary, and Seasonal Employees"},"content":{"rendered":"\n
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Legal Rights of Part-Time, Temporary, and Seasonal Employees<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Legal protections for part-time, temporary, and seasonal employees include federal mandates for minimum wage, overtime pay<\/span>, and protection from workplace discrimination or harassment. Some benefits, such as FMLA<\/span> or health care<\/span>, require certain hourly thresholds.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Part-time, temporary, and seasonal employees have legal rights that their employers must follow. What you are entitled to depends on federal and state law<\/span>, the number of hours<\/span> worked<\/span>, and how your employer classifies your position.<\/p>\n

Working fewer than 40 hours a week or holding a seasonal job doesn’t put you outside the reach of employment law<\/span>. Federal wage, safety, and anti-discrimination protections apply to you regardless of your employee status. If you believe your employer is violating your rights, contact an\u00a0employment attorney<\/a>\u00a0near you for legal advice<\/span>. They can help you understand your options and take the right steps to protect your rights.<\/p>\n

Understanding Employee Classifications<\/strong><\/h2>\n

Before exploring your legal protections, it is helpful to understand how employers and the law classify workers. Your classification can affect which employee benefits<\/span> you are entitled to. It also determines which laws apply and the remedies available to you if legal issues arise. Let\u2019s examine each classification.<\/p>\n

Part-Time Employees<\/span><\/strong><\/h3>\n

There is no single federal definition of part-time employment<\/span>. The\u00a0Fair Labor Standards Act<\/span> (FLSA<\/span>)<\/a>\u00a0does not define full-time employment<\/span>, but part-time employees<\/span> work fewer hours<\/span>. The Bureau of Labor Statistics<\/span> generally considers workers who log fewer than 35 hours per week as part-time. That\u2019s a statistical convention, not a law. In practice, individual employers set their own thresholds.<\/p>\n

Employers often hire part-time workers<\/span> to handle increased workloads or seasonal industry fluctuations. Part-time workers<\/span> can be permanent employees of a company, working a reduced schedule indefinitely. Being labeled “part-time” does not strip you of your legal protections. Several major federal statutes apply based on work hours<\/span> rather than employment category.<\/p>\n

Temporary Employees<\/strong><\/h3>\n

Employers typically hire temporary employees, often called temps, to cover workers out on leave or fill short-term vacancies. They may also use temps to address gaps in their workforce.<\/p>\n

You can be hired directly by a company or through a temporary staffing agency. Workers placed by a staffing agency are sometimes called “supplied workers.” The agency pays your wages, but the host employer directs your day-to-day work. Under federal law<\/span>, both the staffing agency and the host employer are considered joint employers. That means both share responsibility for providing you with a safe and healthy workplace under the\u00a0Occupational Safety and Health Act of 1970<\/a>\u00a0(OSH Act).<\/p>\n

Temporary roles exist across a wide range of industries. These include clerical work, manufacturing, education, information technology, and healthcare<\/span>. Even in short-term roles, federal wage, safety, and anti-discrimination labor laws<\/span> still apply to you.<\/p>\n

Seasonal Employees<\/strong><\/h3>\n

Companies hire\u00a0seasonal employees<\/a>\u00a0to meet demand during their busiest periods. Retail is the most common example, with businesses bringing on extra workers each year to handle holiday shopping rushes. Seasonal work also shows up in hospitality, customer service, sales, delivery, and shipping.<\/p>\n

Most seasonal employees work part-time. Regardless of how short the assignment is, federal and state minimum wage and overtime laws still apply to you.<\/p>\n

Federal Laws<\/span> That Protect All Workers<\/strong><\/h2>\n

Certain federal protections apply to virtually all workers. This is regardless of how many hours you work or whether your position is labeled part-time, temporary, or seasonal.<\/p>\n

Fair Labor Standards Act<\/span>: Wage and Hour Protections<\/strong><\/h3>\n

The\u00a0Fair Labor Standards Act<\/span> (FLSA<\/span>)<\/a>\u00a0sets the rules for minimum wage, overtime pay<\/span>, recordkeeping<\/span>, and youth employment. It covers full-time employees<\/span> and part-time workers<\/span> in the private sector and in federal, state, and local governments.<\/p>\n

The FLSA<\/span> does not make a distinction between full-time and part-time status. If you work more than 40 hours in a workweek<\/span>, your employer must pay you overtime at one and a half times your regular rate of pay. These protections apply equally to temporary and seasonal workers.<\/p>\n

Anti-Discrimination Laws<\/strong><\/h3>\n

Several federal laws<\/span> prohibit employment discrimination regardless of work schedule<\/span> or employment category:<\/p>\n