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Is there a maximum number of hours that a part time employee can work in New York State ?

Albany, NY |

Can a part time employee work more than 40 hours on occasion?

Attorney Answers 3


There is no maximum. The part-time / full-time distinction is really only relevant for determining which employees are eligible for benefits under the employer's plan. If you are designated "part-time" but consistently working 40 hours per week, for example, you should discuss being reclassified as full-time to get benefits.

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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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