Is it legal to be listed as a part-time employee ifthey work you over 40 hours a week and 12 hours a day?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.