What is the law regarding part-time versus full time?
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What is the law regarding part-time versus full time?
How can I be Is it legal to be considered “part-time” when I am in fact working over 40 hours per week? Should I be receiving overtime pay for the additional hours over 40 that she considers to be standard? If the salary is being prorated should I not simply be offered an hourly wage? Does the employment contract that I signed restrict me from demanding overtime and/or standard non-prorated salary?
Asked on March 1, 2012 under Employment Labor Law, Pennsylvania
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your employment contract must be in line with your state laws on minimum wage, full time employment or part-time employment wage laws. If you are working full time, you should be considered a full time employee but if this only for so often, then you can still be considered a part time employee. You would (if you are hourly) or should receive hourly rate for the time you work and if you work over 40 (if 40 hours is considered the minimum for full time employment in your state) then you would be paid or should be paid at least time and a half for every hour past the 40 hours.
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