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Washington part time working full time

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  • Washington part time working full time

    I was just curious what the law is on part time employees working full time hours? how long before my employer has to legally make me a full time employee? If i am working for a corporation that its main office is out of state do i follow the other states laws or the ones in Washington? I currently am working being considered as part time and I am constantly scheduled for 40 hours. I usually work at least 37 of the 40 hours if not the full 40. I am curious how long this can go on before I should be considered full time and if they aren't going to make me a full time employee what steps should I take next?

  • #2
    Federal law does not care about full time versus part time in any meaningful sense of the word. Certainly federal laws like FMLA look at total numbers of hours worked in the year, but not in the sense that you are discussing. I am not familar enough with WA state law to say for sure, but arguably not likely.

    What most people mean when they talk about PT vs. FT are benefits. And there (mostly) are no laws requiring benefits be given at all. However certain benefits do have laws if the employer chooses to offer benefits. For example, if we are talking medical plans only, that is covered by a federal law called ERISA. That law does not mention PT vs. FT. However, ERISA does require a formal written benefit plan, and a copy of that plan called the Summary Plan Document must be give by the employer to any employee who asks for it. So for medical only, get a copy of the SPD and read it. The feds will not make any employer give employees medical coverage per se, but the feds will enforce the rules as spelled out in the SPD. And different employers can and do have very different SPD.

    Now that is just one type of benefits. Some benefits if offered are subject to certain federal and state rules and others are not. No magic one-size-fits-all answer here. You have to check each of your employer's benefit plans one at a time and see what rules the employer has agreed to.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)