If I work 15 hours under one CBA and 15 hours under another at the same institution, am I full-time under the ACA?

UPDATED: Sep 30, 2022

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If I work 15 hours under one CBA and 15 hours under another at the same institution, am I full-time under the ACA?

I currently work part-time as support staff at a college. I have been offered an
additional part-time position. HR says I can’t work both because I’d have to be
considered full-time under the ACA. I’m arguing that if neither union recognizes
me as full-time, why should HR?

Asked on November 21, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Because when you work for the same employer, the law requires the employer to consider and count all your hours together; this is specifically to protect employees from having employers deny them benefits and overtime while they work full time by categorizing them as having more than one position, none of which by itself qualifies for benefits or has enough hours for overtime. Your employer is required to count all your hours together for benefits, overtime, and similar purposes.

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