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 8 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.


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