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Full-Time vs. Part-time Def. Florida

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  • Full-Time vs. Part-time Def. Florida

    So I was hired by a major retailer as a part-time employee (classified as regular part-time on my paperwork). The company offers benefits (health, dental, vision) for both full and part time employees, although the health plan for full time is much better than for part-time eomplyees. The first week I worked 25 hours, but for the the past month I have been working 40+ hours a week. Is there anything in the law that would require my status be changed from part-time to full-time since I have been working 40+ hours or is the company still allowed to classify me as a part-time employee?

    Thanks for your help

    Andrew

  • #2
    There is nothing in the law that says if you work 40+ hours a week for x weeks you automatically become classified as full time.

    However, if you are going to be working 40+ hours indefinitely, there is nothing preventing you from requesting that your employer reclassify you.
    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.

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    • #3
      Certain benefits (employer provided health care, retirement plans such as 401(k)) are governed by a federal law called ERISA. For these benefits only, the federal government requires that the employer have a formal written plan, and that a short version of the plan called a Summary Plan Document (SPD) be given to any employee who asks for it upon demand. I am going to suggest that you politely ask for copies of the SPD for these plans only. Then read the plan. Employers must follow the plan wording to the letter. Maybe this helps you. Maybe it does not help you. But the rules are specific for each employer and different for each employer. Until you read your employer's SPD, you have no idea what the rules actually are. Neither does anyone on this website. Or anywhere else.

      All other benefits likely are not covered by ERISA. And your state has a well established reputation for not caring about much of anything employee related, so the other benefits rules are likely whatever the employer says they are. There is no legal requirement that the employer have a plan for these other benefits, or that they formally let you know what the rules are. You can ask to see the related policy but the employer does not have to give it to you, and it probably would not be legally enforcable even if they did. Way different legal situation with non-ERISA benefits.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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