As a part-time employee howcan I be forced to adhere to a policy that is mandated for full-time employees ?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As a part-time employee howcan I be forced to adhere to a policy that is mandated for full-time employees ?
Our company is experiencing a shortage of employees. They have instituted a mandatory overtime policy as stated in our employee handbook that requires all full-time employees that are scheduled to work up to 40 hours weekly to treat the company as their primary employer and that you must work additional days or face disciplinary action and/or termination.
Asked on December 1, 2011 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no real legal meaning to the term "part-time employee"--being one does not mean the company can put terms and conditions on your employment, including that you must "treat the company as [your] primary employer," or work additional days or be disciplined, or even terminated. Your employer is free to require all employees to work more hours at will, subject only to 1) any employment contracts, which limit hours (such terms are enforceable); and 2) the need to pay hourly staff for all hours worked, and to pay staff who are not exempt from overtime at the overtime rate (time-and-a-half) for all hours worked past 40 in a week.
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.