Full Time vs. Part Time

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Full Time vs. Part Time

I work for a subcontractor of the U.S. Department of State. I work 33 hours per week and my employer claims I am a part time worker. According to the Affordable Care Act and the I.R.S., an employee who works 30 hours per week or 130 hours per month is considered full time. I am being denied bonuses that other employees receive because of my part time classification. My employer considers 34 hours per week or more to be full time. I do not have the option to work more hours. Legally, am I considered full time or part time? I live and work in Louisiana, the company is based in California, and the majority of their employees are in Washington D.C.

Asked on June 3, 2017 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your employer is correct. There is no general legal definition of "full time" or "part time"; rather, there are definitions which pertain to certain specific purposes, such as eligibility for health care or certain benefits. Also, as a general matter, bonuses are not required in any way and are not regulated. Rather, they are completely are the choice of the employer: whether to offer them; to whom to offer them; what requirements or criteria for bonus eligibility; etc.
Accordingly, if your employer wants to make 34 hours/week full time for purposes of bonus eligibility, that is legal: you cannot force them to make you bonus eligibility.


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