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  • min. full time hrs., max. part time hrs.

    i just found out yesterday from our corporate office that any one that is full time but non management can get their hours cut to 30 hours a week. but we still get benefits and bonus and our pto...but only problem is they dont offer any of that to part timers.......but yet we can't cancel our insurance until open enrollment in july cause now none of us can afford it.



    are they allowed to do that.......all this has happened yesterday and didnt even get a chance to adjust to it........

  • #2
    lindag, you added your question to another poster's thread from 9-09. You should have started your own new thread. I will start one for you. You should have also furnished the name of your state.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Not all benefits are legally created equal. Certain benefits are subject to a federal law called ERISA. This includes mostly medical plan and retirement plan (including 401(k)). It almost never includes things such as PTO. Very basically, while ERISA does not determine whether or not part time employees must get benefits, ERISA does mandate the following:
      - ERISA level benefits must have a formal written plan.
      - For ERISA level benefits, the employee must be given a copy of the plan (called a Summary Plan Document) on request.
      - The federal government will make sure that Very Bad Things happen to employers who violate ERISA.

      Now, I am not saying that part time employees must get benefits, but I am saying that for ERISA level benefits, the employer must follow their plan.

      Non-ERISA level benefits are a function of looking at the exact wording of the company policy (if any) and state law (if any). I am not saying that non-ERISA level benefits are unenforceable but I will say that non-ERISA level benefits on average are must less enforceable then ERISA level benefits. Past that, take ERISA off the table, you are pretty much also taking federal law off the table, meaning any answer for non-ERISA benefits would not only be very state specific, but also subject to having a local contract law attorney read every single word associated with the company policy (if any) to determine if the non-ERISA benefit "policy" rises to the level of an enforceable contract. Most non-ERISA benefits do not.

      ------

      The OP's question as stated is not answerable. The state was not included, and both ERISA and non-ERISA benefits have mixed together in the question. Basically each benefit must be spelled out, and we could in theory have a different answer for each benefit. For example, saying "insurance" by itself is not meaningful. Bonus and PTO are not normally ERISA, although pretty much any benefit could be brought under ERISA by funding it through an outside trustee. This is not something that sane employers would do without duress, say a union contract.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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