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part-time hours limit in New Jersey

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  • part-time hours limit in New Jersey

    I just started working at a department store in new jersey where I was told that I would be part-time for the first 3 months and then if confirmed - would work full time with benefits. I started working three weeks ago and for the first week I was asked to put in 15 hrs. Last week and this week I have been asked to put in 37 and 38 hours respectively compared to my other full time colleagues who put in 40 hours a week. While I'm grateful for the extra money I do not want to be stiffed on the benefits. So my question is what is the law in New Jersey regarding maximum amount of time a part-timer can put in without getting benefits?

    Thanks,
    C

  • #2
    States tend to shy away from issues of defining who gets benefits.

    You really need to look at your company's benefits plans to see when you qualify for those benefits.

    You may be working 80 hours in one week and 20 hours for the next two and not qualify, it all depends on how the company writes the plan.
    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.

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    • #3
      There are only two states that under any circumstances define what is part time and what is full time for benefit purposes, and New Jersey is not one of those states.

      Full time and part time are whatever the employer says they are.
      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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      • #4
        paid breaks

        Im required to take breaks at my part-time job in a New Jersey dept store but at the same time I have to swipe in and out and my employer does not pay me for the break time. Is this legal? I put in 8 hour shifts the days that I go in.

        Thanks,

        Comment


        • #5
          It has nothing to do with the length of your shift; it has to do with the length of your break. While neither Federal nor NJ law requires that you receive breaks, Federal law says that IF breaks are offered, breaks of under 20 minutes must be paid breaks. If the breaks are longer than that, they do not have to be paid.
          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.

          Comment

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