I am a Part Time Retail Manager for a large retailer. I am not well versed on California law as I have been employed most of my career in Nevada. To my understanding, I can only be scheduled under 30 hours a week. I only want to work less than 30 hours a week but I have consistantly been working an average of 36 hours a week for over 4 months now due to our store being under staffed in management. What are the laws regarding this? Am I entitled to Full Time status with Benefits? If so, when should that become effective?

Thank you,
Dawn

There are no laws in California or any other state defining "part-time" and "full-time", nor what hours either can work, so the fact that it is currently 90 days is really irrelevant. This is totally dependent upon the company policy. The only thing that MIGHT come into play is if you are not being deemed "full-time" SOLELY so the employer does not have to offer benefits.

Having said that, however, temporarily working a full-time scheduled for 90 days or more is not unusual and, in my opinion, would not be enough to invoke the situation mentioned above.

Minor correction; in CO and CA there are some statutes (I believe in CO it is industry specific; I'm not sure about CA - mlane?) where there are statutory divisional lines for part time and full time. I believe in CA it is 32 hours. I am not familiar enough with the statute to say if it applies here.

Thanks, cbg. I think Michael mentioned that before and I forgot. :o

Actually, I was using 90 days as reference. I have in reality been working 37+ hours a week for 6 months and we have been short 2 managers for 4 months with no foresight into having other managers hired soon...why not, they already have me covering for a very low price and they do not have to pay benefits. Do I have a case for a lawsuit?