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Number of Hours for Part Time??? Virginia

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  • Number of Hours for Part Time??? Virginia

    I work for Tuesday Morning as part time assistant manager and several part time employees and I work average 30-35 hours per week. There is no problem with this. We just found out that our employer does not allow any part time employees to work more than 30 hours per week as they state that it is against the law for part time employees to get more than 30 hours. Is this true? I am from Virginia and we need this info. Can we question this directive? Thanks.

  • #2
    In Virginia, as in most states, part time is whatever the employer says it is. The employer has no legal obligation, however, to schedule you for over 30 hours. They may if they choose; they are not required to.
    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
      Does this mean we can't object to their directive of cutting our hours? Basically we have a total budget hours per week for all employees and with all employees' work hours, we do not go overboard with what they give us. The only thing we see on this is they want us to lower their payroll expenses with us still doing same work load. Is this right?

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      • #4
        Depends on what you mean by "can you object". You don't have a legal standing to object, if that's what you mean; they are not violating any laws. They can schedule you for as many or as few hours as they wish, regardless of your workload. The only caveat is that they cannot leave you on part time status SPECIFICALLY FOR THE PURPOSE of making you ineligible for benefits. Outside of that, it doesn't matter what their reason is; if they only want to schedule you for 30 hours a week, that's all they have to schedule you for.

        However, if there are any internal grievance procedures, you are free to take advantage of them.
        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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