What constitutes a full-time employee?

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What constitutes a full-time employee?

I worked for my employer for 4 years. I was full-time for 2 years and I changed locations where they put me as part-time, even though I still worked full-time hours for years. I recently quit and asked for my PTO and they told me I couldn’t get any because I was considered part-time but Iworked full-time hours every week. They told me I would get my full amount but the next week they told me that I could only get 12 out of the 75 hours of PTO that I worked. What can I do? Can I get my money?

Asked on September 26, 2011 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In California an employee is deemed a full time employee if he or she works forty (40) hours a week on a regular basis. Regular basis is considerd a period of stated time where the employee worked consistent hours and regular hours for his or her employer.

If you worked for your last employer for the four (4) year period and averaged close to forty (40) hours per week during this period, it would appear that you were clearly a full time employee during this period.

It appears that you have a dispute with your former employer regarding your entitlement to certain benefits. I recommend that you contact your local labor department and meet with a representative about the issues you have and see if this entity might consider intervening on your behalf.

Good luck.


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