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 New York, the definition of full-time employment and the number of hours an employee must work to be considered full-time is typically determined by the employer. This discretion extends to the provision of employee benefits such as health insurance, paid time off, and retirement accounts. Federal laws like the Fair Labor Standards Act (FLSA) do not define full-time or part-time employment, which means that the provision of benefits is not mandated by these laws. Consequently, the FLSA, Service Contract Act, and Davis-Bacon Act do not alter the employer's discretion in defining full-time employment or in deciding which benefits to provide to employees. Employers in New York must comply with any applicable state laws regarding employee benefits, but in the absence of specific state mandates, the provision of benefits for full-time employees remains at the employer's discretion.