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 West Virginia, 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 that defines full-time employment. The Fair Labor Standards Act (FLSA) does not designate what constitutes full-time or part-time work, which means that the application of the FLSA, as well as the Service Contract Act and the Davis-Bacon Act regarding wage and fringe benefit requirements, is not affected by an employee's full-time or part-time status. Employers have the discretion to establish their own criteria for full-time employment and the provision of benefits. However, some federal laws, like the Affordable Care Act, may impose certain requirements on employers with a certain number of full-time employees or full-time equivalents regarding health insurance coverage.