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Part tiime with full time hours California

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  • Part tiime with full time hours California

    I work in retail company for year and a half. I started as a sale associate and then I was promoted to management position as a Part Time Supervisor. I work on that position for a year. The problem is that I work 35-40 hours per week since I was promoted but I don't get any benefits. When I asked to be a full time they told me that there is no full time position available and becouse I work in a "small volume" store where only a store manager can be full time. I do same job as a store manager and our job description is the same, but she is paid much more and she gets all the benefits and nothing for me. By the company policy more then 35 hours per week is considered as a full time but after a year I am still a part time. I am scared if I keep insisting on benefits they gona cut my hours and I can not let that hapen right now. What are my rights?

  • #2
    If you're talking about ERISA-regulated benefits, such as medical insurance and 401K, you need to get a copy of the SPDs (Summary Plan Document) for each of the plans and see how each plan determines eligibility; the company must follow the rules in these plans to the letter. Or just call corporate HR and ask. Also ask about non-ERISA benefits, such as vacation and sick time and what the eligibility is. As far as whether they CALL you part-time or full time, that's really irrevelant, except to the extent where a plan or policy does not specify eligibility in any other terms than that, but they can be different for each type of benefit.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Don't forget, if you are paid salary, you also must be paid at least $33,280 or else you don't meet the exemption test and must be paid hourly.

      Also, as a "manager" in a small store, if you spend more than 50% of your time engaged in customer service and selling and work more than 8 hours a day or 40 in a week, you must be paid overtime as well.
      J.E.B. Pickett
      Wynne Law Firm
      California Wage & Hour Class Action Attorneys.

      Disclaimer: This response and any materials or content provided by this response are for general informational purposes only and should not be relied on or considered as legal advice. Under no circumstances does this informational response, directly or indirectly, establish or intend to establish an Attorney-Client relationship.


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