Is it legal to be listed as a part-time employee ifthey work you over 40 hours a week and 12 hours a day?

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Is it legal to be listed as a part-time employee ifthey work you over 40 hours a week and 12 hours a day?

I have asked and asked and asked for full-time but they are very hesitant. I work the same hours as the full-time employees (48 hours a week). I have come to realize that since my managers bonus come out of the shops gross proceeds, if I am full time it affects his pay. I think they are working me like this so they don’thave to worry about paying me holidays, offering insurance and other benefits. Is this legal? I feel cheated.

Asked on July 13, 2011 under Employment Labor Law, Tennessee

Answers:

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

Answered 9 years ago | Contributor

The fact is that there is no actual legal definition of "full-time" versus "part-time".  The difference between the two can be a matter of hours or not. The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. Instead, this is a matter typically left to be determined by the employer.  In other words, an employer can set its own definition of what part-time means.  So traditionally while the 40-hour mark is considered to be full-time, it could be classified as part-time (and under 32 hours a week, for example, could be considered to be full-time).  Bottom line, such classifications are at an employer's discretion.  The only exceptions to this would be if there is a stated company policy covering this, or there is an employment contract or union agreemnet that governs, or this situation has arisen due to some type of discrimination.

Note:  If you are a non-exempt employee (i.e. hourly), all hours worked over 40 must be paid as overtime.


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