Should I be getting full time benefits?

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Should I be getting full time benefits?

I live in Texas my job asks that I work 58 hours a week Monday-Saturday. I’m labeled as a part time employee but I’ve been working over 40 hours a week since I started in July 2017. Am I eligible for full time benefits such as vacation, sick leave, paid holiday etc?

Asked on January 18, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no legal requirement to provide any employee, full or part time, benefits such as vacation days, sick leave, paid holidays, etc.; and even if an employer choose to provide certain employees these things, they do not have to provide all employees them (e.g. some employees can get vacation, others do not). It's up to what the employer wants to provide you/your position, and you have no intrinsic right to those benefits.
Of course, if you are an hourly employee, you must be paid overtime whenever you work more than 40 hours in a week, and if you are not, you could file a complaint with the state or federal department of labor. Overtime is based on how many hours an hourly employee actually works, and has nothing to do with whether you call them part-time or full-time.


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