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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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