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40hrs/wk part-time?

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  • 40hrs/wk part-time?


    I'm working a pretty crummy job in the state of Delaware. I just recieved my schedule for the coming week and I am scheduled for 40 hours.

    I was hired as a part-time employee and am payed as such. The company has full time workers who work 40 hours/wk who are payed more and recieve benefits.

    Do they have legal grounds to give me this many hours?

  • #2
    Unless you have a bona fide contract that says otherwise, yes, your employer may schedule you for as many hours as they choose, barring some industry specific regulations.


    • #3
      I don't understand the comment about being paid as a part-timer.

      Assuming the OP is a non-exempt, hourly employee, pay should be for all hours worked, so working 40 hours in a week will bring double the pay of working 20.

      Ask the company how they decide who is eligible for benefits. If they simply say "full timers get benefits," ask how they figure out who if full time and who is part time. They might do so based upon average hours worked in a quarter.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


      • #4
        The employer does not have to have "legal grounds" to schedule you for whatever hours they find necessary. The employer decides what your schedule is.

        As bears said, unless you have a bona fide contract that says otherwise, the opt is entirely that of the employer.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.