In Texas- I have been working for almost 5 years for a company that still only pays part-time benefits when I have worked 40 hrs a week since my hire date. Is there any law that prevents an employer from paying part time benefits to a full time employee. And is there any legal resolution for this. Current situation is that IM leaving on maternity leave and will now be forced a pay cut due to pay based on status not hours worked. Is this legal? Another issue is that an employee was hired after I was and is Full Time but I still remain part time. What should I do?

Actually the law does not specifically define what constitutes "full time" vs. "part time". Most likely these definitions exist in plan documents for benefit purposes. If you do not have these documents or are not privy to them, I'd suggest contacting HR for clarification. Someone there should be able to explain how the benefits are designed and what criteria must exist in order to be eligible.

If the purpose of keeping you classified as "part time" is to deny you benefits, I agree this would be a problem. Your starting point is speaking with HR to see "why" you do not qualify.