Can my employer consider me part-time even though I put in 57 hours a week?

UPDATED: May 22, 2016

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Can my employer consider me part-time even though I put in 57 hours a week?

Also, my employer doesn’t honor workers comp or unemployment? Can they legally do this? I was hired over hired over 6 months ago.

Asked on May 22, 2016 under Employment Labor Law, Indiana


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

Answered 6 years ago | Contributor

Federal law defines a part-time employmee as an individual who works less than 1,000 hours per year for the same firm (this comes to 17.5 hours per week). The laws about how many hours constitutes full-time or part-time employment vary from state-to-state; you can check your state's department of labor website for further information.
Workers employed at full-time can earn overtime for all hours worked past 40 in a workweek. Additionally, in many states they are entitled to meal breaks and rest periods, as well as PTO, insurance and other benefits. While some employers off such benefits to part-timers, typically most do not.

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 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.

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