After how many hours worked per week does a part-time worker become a full-time worker?

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After how many hours worked per week does a part-time worker become a full-time worker?

I work for a mobility corporation for which I was hired in as a part-time employee in August. Since I’m part-time in their system, health insurance comes to roughly $550 per month so I opted out of their offer. My store manager had asked her boss if I could be put in the system as full-time but he never got back to her with an answer. For the past 3 months they have worked myself and my co-workers about 55+ hours a week with only 1 day off per week. Now I have a cold or flu and can’t afford to go to the doctor because I’m “part time” in their system. Is this legal?

Asked on February 2, 2011 under Employment Labor Law, California

Answers:

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

Answered 10 years ago | Contributor

This is a matter generally determined by an employer.  Neither federal or state law defines full-time or part-time employment.  At some employers, an employee who is 0.9 FTE (full-time equivalent, meaning they work 36 hours per week) would be considered full-time and entitled to all benefits. At other employers, the company would only pay the full cost of the insurance if the employee worked 40 or more hours per week, or 1.0 FTE.

Note:  For any time worked over 40 hours per week, if you are a non-exempt employee you are entitled to over-time pay.


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