I have been working for a small company in a local mall. It has less than 6 employees, but could use more considering it is the holiday season. Because there are so few of us the manager has everyone scheduled for over 40hrs a week, including herself. When I was hired I was told I would not get more than 20-25 hrs a week unless I wanted more. I only wanted a part-time job and said so repeatedly, I was totally ignored. In addition she scheduled all of us 6 days a week. My first question is how can I be considered part-time when I am working over 40 hrs 6 days a week? I have worked mall jobs before and I have never heard of this happening anywhere else. I also said I didnt mind to close once in a while, well the manager and the other people who were working there took that to mean I would close every night! And when I asked for a night off they got mad becasue they said I said I wanted all closes! Which I did not. The next issue I have is that we did not have to clock out for breaks or lunches. We could go to the bathroom anytime we needed to and go get something to eat but we also had to wait on customers while we ate. Which I think is rude and unprofessional. Second question is that legal?

Yes they can ask you to work more hours than you prefer. Yes they can ask you to close every night.

As for the breaks, straight from the state website

In 1994, the State Legislature approved and enacted Article 3. Safety and Welfare of Employees, (21-3-10a Meal Breaks). This section of the WV State Code states that “During the course of a workday of six or more hours, all employers shall make available at least twenty minutes for meal breaks, at times reasonably designated by the employer. This provision shall be required in all situations where employees are not afforded necessary breaks and/or permitted to eat while working.”

If the company is working you more than you want to work, you have the option of quitting.

Full-time, part-time rarely have legal definitions. In my state, full-time employees are (under one law) those that work 30 hours a week or more on a regular basis and the ONLY reason it is defined like that is to identify which companies must have an Employee Assistance Program in place in conjunction with their drug testing policy.

For all practical purposes, states do not care who is full time and who is part time.

Benefits plans will identify who gets benefits and there could be some issues there, if the plans are poorly constructed.

well she made us take breaks and eat while we worked wether we were busy or not. Also I didn't mention in my first post that she spoke of her sex life all the time even if we said we didn't want to hear about it. It was very vulgar and graphic. She also made fun of one lady because of her religion and one lady because she was very large breasted. I may have to quit this job because I cannot stand to work under such conditions as these. I do appreciate your post though. Thanks.

Quitting would be your best option. Nothing else you have shared gives you any recourse. It is possible that the person who's religion was made fun of potentially does as religion is a protected trait under Title VII, but it depends upon what was said, the context, and whether this person has suffered any adverse employment actions.