What determines if an employee is considered full-time or part-time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What determines if an employee is considered full-time or part-time?
Is it the status they give you or is it based on hours worked? I was hired on as a part-time employee. I have worked over 40 hours every week and received overtime pay. After my 90 probation period I was told I don’t qualify for benefits because I am part-time, even though I have worked full-time hours since I have started the job. Not one paycheck have I not had overtime on it. Is this legal? By law should I be considered full time based on my hours worked?
Asked on July 15, 2012 under Employment Labor Law, Arkansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, a full time employee is one who works forty (40) plus hours a week for at least a yearly quarter as opposed to a temporary or seasonal employee such at Christmas.
I suggest that you carefully read the presumed employer employee hand book for your employment to get a better definition of a full time or a part time employee.
From what you have written, it seems that your employer may not want to designate you as a full time employee for the reason of saving employment benefits.
I suggest that you may want to consult with an attorney that practices in the area of employment law and/or have a meeting with a representative of your nearest department of labor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.