DOL Standards to Determine Full Time Employment
William J. Haltigan
Regional Administrator
Philadelphia
FROM:
Barbara A. Farmer
Administrator
Office of Regional Management
SUBJECT:
Standards to Determine Full Time Employment
This is in response to a request from the Regional Certifying Officer requesting policy guidance on how many hours per week constitute "full-time employment". The Certifying Officer requested clarification of this issue because of labor certifications applications filed on behalf of aliens to be employed as temporary (H-2B) crab pickers in Maryland and Virginia.
Part-time employment is not appropriate for labor certification under the prescribed procedures established for processing H-2B applications. However, as the Certifying officer points out littla guidance is available as to how to determine whether or not a job is full or part-time.
On Page 2 of GAL 10-84, dated April 23, 1984, Subject: Procedures for Temporary Labor Certifications in Nonagricultural Occupations, it is stated in relevant part that:
Temporary employment should not be confused with part-time employment which does not qualify for temporary labor certification. Part-time concerns work hours, days, and weeks less than those normal for the occupation in the employment area.
In response to questions as to how many hours of work must be scheduled in a week for employment to be considered "full-time work", the Division of Foreign Labor Certifications has consistently provided the following guidance with respect to job opportunities involved in nonagricultural labor certifications cases:
The Department determines whether a job is full-time or part-time by looking at the prevailing hours of work in that occupation. We have found that full-time work in most occupations ranges from 35 to 40 hours per week. Therefore, we consider a job offer full-time if the week hours or work are within this range. If the hours are less than 35, the employer must document that fewer hours are prevailing for full-time employment in the occupation and area of employment.
Further, it should also be noted that it has been long-standing agency practice to base determinations concerning full-time work in the H-2A agricultural program on the prevailing practice for the crop and area.
The definition of "part-time work", cited by the Certifying Officer in his request, that appears on Page 113 of the Employment and Training Administration, (ETA) Glossary of Program Terms and Definitions (Third Edition, 1980), is not controlling on determinations regarding what constitutes full-time work in a particular employment situation for the labor certification program. It is our understanding that definition was primarily a reporting definition developed for the Employment Service Automated Reporting System.
Amy questions regarding the guidance herein provided can be directed to Denis Gruskin on 202/291-4369.
Barbara A. Farmer
DOL on Standard to Determine if Nonagricultural Job Constitutes Full-Time Employment
The following is a September 8, 1993 letter from Robert A. Schaerfl, Director, U.S. Employment Service regarding information on the standard to determine whether or not a nonagricultural job opportunity constitutes full-time employment.
Dear Mr. (name omitted)
Your letter of August 23, 1993, requesting under the Freedom of Information Act any memo, notice or written communication used to transmit (to the Regional Offices) the standard to determine whether or not a nonagricultural job opportunity constitutes full-time employment has been referred to my office for reply.
Enclosed is the memorandum, dated April 13, 1993, from the Office of Regional Management to the Regional Administrator providing guidance on how many hours per week constitute full-time employment. The policy transmitted in that memorandum is a long-standing one that has been consistently provided by the Division of Labor Certifications (DFLC) with respect to job opportunities involved in nonagricultural labor certifications. As stated in the enclosed memorandum, the DFLC has consistently provided the following guidance with respect to job opportunities involved in nonagricultural labor certification cases:
The Department determines whether a job is full-time or part-time by looking at the prevailing hours of work in that occupation. We have found that full-time work in most occupations ranges from 35 to 40 hours per week. Therefore, we consider a job offer full-time if the weekly hours of work are within that range. If the hours are less than 35, the employer must document that fewer hours are prevailing for full-time employment in the occupation and area of employment.
It should also be noted, that the memorandum to the Regional Administrator also points out that it has been long-standing agency practice to base determinations concerning full-time work in the H-2A agricultural program on the prevailing practice for the crop and area.
Any studies, surveys, data, etc., that may have been used to arrive at the above cited standard are no longer within the files of the DFLC.
Robert A. Schaerfl