What to do if my employer shows that I work for 40 hours per week on paper “full-time” but gives me less than 32 hours per week “part-time”?

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What to do if my employer shows that I work for 40 hours per week on paper “full-time” but gives me less than 32 hours per week “part-time”?

Are they breaking the law?

Asked on January 2, 2013 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the circumstances and what else they are doing. If they claim to be giving you health insurance benefits, for example, but then are denying them because you allegedly work fewer hours than reported, they could face liability in that regard. If they are taking a larger business deduction for your compensation then they are actually paying you, then they are violating tax law. But if there is no harm being done--you are receiving all compensation you agreed to work for and are entitled to; they are not taking deductions to which they are not entitled; etc.--then they are doing nothing legally wrong. The law does not enforce "full" vs. "part" time as categories.


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