Q: If I am a Per Diem employee who is forced to be available a minimum of 4 shifts per payroll, aren't I PT?

A: In California, the distinction between per diem and part-time employees is not always clear-cut, and the specific circumstances of your employment may determine your eligibility for benefits. However, here are a few key points to consider:

1. Per diem employees typically work on an as-needed basis and do not have a set schedule or guaranteed hours.

2. Part-time employees, on the other hand, usually have a more regular schedule and are expected to work a certain number of hours each week.

3. In California, employers are not required to provide benefits such as health insurance, sick leave, or vacation time to part-time employees. However, some employers choose to offer these benefits to attract and retain employees.

4. The requirement to be available for a minimum of 4 shifts per payroll may not automatically make you a part-time employee, especially if the employer is not guaranteeing those hours.

To get a more definitive answer, you should:

1. Review your employment contract or agreement to see if it specifies your employment status and any benefits you are entitled to receive.

2. Speak with your company's human resources department to clarify your employment status and inquire about benefits eligibility.

3. If you believe you are being misclassified or denied benefits you are entitled to, you may want to consult with an employment attorney or contact the California Labor Commissioner's Office for guidance.

Remember that employment laws can be complex, and the specific details of your situation will determine your rights and entitlements as an employee in California.