Whether you are an employer looking to understand your legal obligations or an employee seeking to learn the rules that apply to your job position, numerous federal and state regulations may govern your employment relationships. While many people assume the key difference between full-time and part-time employees is simply the number of hours worked, employment regulations define these roles based on more than just time, as they highlight what advantages or disadvantages come with each type of employment.
Specifically, Florida boasts a dynamic workforce comprised of both full-time and part-time employees. According to the U.S. Bureau of Labor Statistics, as of 2024, approximately 83% of Florida’s workforce holds full-time positions, while 13.5% are employed part-time. In Miami, the breakdown is comparable, with 77% of workers employed full-time and 17.2% working part-time. These figures highlight Florida’s strong labor market and the wide range of employment positions available throughout the state.
I. Compensation–Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) regulates core labor standards, such as minimum wage, that apply to both full-time and part-time employees. All employees are entitled to receive at least the federal minimum wage, which has remained at $7.25 per hour since 2009 and is not currently scheduled to change. However, states may set their own minimum wage requirements.
Florida’s minimum wage currently stands at $14.00 per hour, nearly double the federal rate, reflecting a significant shift in the state’s labor standards over the past decade. From 2015 to 2020, Florida’s minimum wage remained relatively close to the federal rate, fluctuating between $8.05 and $8.56 per hour. However, beginning in 2021, the rate began to gradually increase, escalating to $10.00 per hour and rising $1.00 each year following. This steady upward trend has brought the current rate to $14.00 as of 2025. If this trajectory continues, Florida’s minimum wage is expected to reach $15.00 per hour by 2026, boosting earnings for low-wage workers across the state.
While the FLSA does not limit the number of hours an employee can work per day or week, it requires nonexempt employees to receive overtime pay at no less than one and a half times their regular rate for working over 40 hours per week. Employees exempt from overtime pay typically include administrative professionals, outside sales personnel, those in certain computer-related roles, and highly compensated individuals. To qualify for exemption, employees must be paid on a salary basis and meet specific job requirements indicated by the FLSA.
II. Leave–Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) outlines requirements for employees to take job-protected leave. To qualify, an employee must have worked at least 1,250 hours over the past 12 months for an employer with 50 or more employees. Eligible employees are entitled to a maximum of 12 weeks of job-protected leave, which may be paid if the employer offers paid leave benefits. Since most part-time employees do not meet the 1,250-hour threshold, they are generally ineligible for leave under the FMLA. Additionally, the FMLA mandates the continuation of group health insurance and requires employers to reinstate employees to the same or equivalent position upon their return.
III. Benefits–Affordable Care Act
Full-time employees typically work 30 to 40 hours per week or more and often receive a broader range of benefits, including various insurance plans. Part-time employees, who generally work fewer than 30 hours per week, may be eligible for some benefits, but do not receive as many benefits as full-time employees do. Under the Affordable Care Act (ACA), employees working 30 hours or more per week are considered full-time employees for health insurance purposes. Employers with 50 or more full-time employees are required to offer health coverage to at least 95% of their full-time staff.
While employers are not required to offer part-time employees health insurance, part-time employees are included in calculations to determine whether an employer meets the 50-employee threshold. It should be noted that if an employer chooses to offer health insurance to part-time employees, they must provide it consistently to all part-time employees in similar positions. Employers must adhere to the requirements of the ACA and stay updated on any relevant state or local laws that may also apply.
If you have questions or would like to learn more about full-time and part-time employment rules that could affect your business, do not hesitate to contact one of our experienced business attorneys at EPGD Business Law in Miami, Florida. Call us at (786) 837-6787 or email us to schedule a consultation.
