Can my employer consider me part-time even though I put in 57 hours a week?

Also, my employer doesn’t honor workers comp or unemployment? Can they legally do this? I was hired over hired over 6 months ago.

Asked on May 22, 2016 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Federal law defines a part-time employmee as an individual who works less than 1,000 hours per year for the same firm (this comes to 17.5 hours per week). The laws about how many hours constitutes full-time or part-time employment vary from state-to-state; you can check your state's department of labor website for further information.
Workers employed at full-time can earn overtime for all hours worked past 40 in a workweek. Additionally, in many states they are entitled to meal breaks and rest periods, as well as PTO, insurance and other benefits. While some employers off such benefits to part-timers, typically most do not.


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