The number of hours an employee must work to be considered full-time and eligible for employee benefits such as health insurance, paid time off (including vacation leave and sick leave), and retirement accounts (401k and related employer-contributions) is generally in the sole discretion of the employer. This is because an employer is not obligated to provide these employee benefits or fringe benefits to any employee, whether full-time or part-time.
For example, the Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. And whether an employee is considered full-time or part-time does not change the application of the FLSA—or the application of the Service Contract Act (41 US.C. §351) or the Davis-Bacon Act wage and fringe benefit requirements (40 U.S.C. §3141).
In Wyoming, as in other states, the definition of full-time employment and the eligibility for employee benefits such as health insurance, paid time off, and retirement accounts are typically determined by the employer. There is no specific number of hours mandated by federal law, including the Fair Labor Standards Act (FLSA), that defines full-time employment. Consequently, the FLSA's provisions regarding minimum wage and overtime pay apply regardless of whether an employee is considered full-time or part-time. Similarly, the Service Contract Act and the Davis-Bacon Act, which pertain to wage and fringe benefit requirements for certain types of government contracts, do not define full-time employment but require contractors to pay specified wages and benefits as determined by the Department of Labor. Employers in Wyoming have the discretion to establish their own criteria for full-time status and the accompanying benefits, and these criteria must be communicated to employees, typically through company policy or an employee handbook.