Posted: 4/14/2004 5:31:25 AM EDT
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Last night the fiancee of my girlfriends son was complaining that her employer is working her 40 hours a week but she's not getting full time benefits. She hasn't even been working there for a month yet. I told her that no matter where she goes, she's not going to get hired full time until after she has worked there for a number of months because they are going to be looking at her work record first. She still insisted that if she worked 40 hours she should be a full time employee. I know that the amount of hours you work have nothing to do with if you're a full time employee or not but I can't find anything on the net stating such. Anyone have any suggestions where I can find something on the net? |
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Quoted: Anyone who is concerned about the number of hours they are required to work, usually does not make the cut in my companies. It is a very darwinian process. Sounds like she's concerned with fair compensation, not with the hours she works. If she is concerned about benefits, that's purely contractual, unless there is a state law mandating benefits. IOW, they don't have to give anybody any benefits, no matter how many hours he works. If she isn't being paid for the full 40 hrs a week, + time and a half for anything beyond 40 hours, she has a legitimate gripe under the federal FLSA. ETA: This means she could be a full time employee for FLSA/compensation purposes, but not jack shit for any other purpose. If she just wants bragging rights, she is morally entitled to tell her parents she's working full time. |
| I think over 35 hours you are considered legally "full time" I remember years ago when i was working at a Sears over a summer that they were very careful to not let employees get over 35 hours. I forgot what benefits or whatever it was that they were trying to avoid having to provide. |
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The job I have now, I am considered a full time employee after 5 years. I was originally hired into a position via a contractor. Even though the job was 40-45 hours per week, I was considered part time because I did not work directly for that company. I used a bad situation to my advantage and was hired on to full time last year. Then had to wait 90 days for the benefits. |
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I remember at Sam's club you had to work 35+ hours a week for a certain number of weeks before they would call you "full time" and give you the benefits. They were very adept at keeping you from it. They would work you 40+ hours and then when you reached the magic week they would give you a day off with no explanation or send you home and hour early or whatever was required to keep you at part time. Some people were there 5 years and had never made it. |
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Thanks for the back up guys. But I need something official I can print out. Any ideas where to get it or should I just call the Dept. of Labor and have them send me something? The girlfriend is a little peeved right now because they owe her over $1k and she's decided to just not show up for work anymore...didn't even tell them she was quiting. Mean while she thinks she is going to go out and get another job at 19 yr/o and get full time benefits right off the bat. We're trying to get it into her head that isn't going to happen and she needs to work and stop complaining about not having any money and wanting her "new" SUV. They also have a 5 month old baby which takes up all of her sons pay check. Needless to say, my girlfriend's patience is wearing thin. |
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Don't know if this is what you're looking for, but it might be helpful: [url]http://www.dol.gov/elaws/[/url] What you might be looking for is the Fair Labor Standards Act (FLSA) - which specifically does NOT define full-time or part-time. (It does say that you have to be paid overtime if you work more than 40 hours a week - but that does not imply that 40 hours is "full-time") Here's a quote: "The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA." |
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Sweep, her full/part time status as an employee and any benefits she is entitled to is dependent on the policies of the company. The company must be in compliance with both federal and state labor law. The only one who can answer your question initially is the company where she is employed. They are required to have the companies benefit policy available for review by the employee. It should clearly state what criteria define an employee’s status and what benefits she is entitled to. It sounds like she has already abandoned the job at this point. You need to call your State Department of Labor to find out what if anything she is entitled to at this point. |
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Quoted: Don't know if this is what you're looking for, but it might be helpful: [url]http://www.dol.gov/elaws/[/url] What you might be looking for is the Fair Labor Standards Act (FLSA) - which specifically does NOT define full-time or part-time. (It does say that you have to be paid overtime if you work more than 40 hours a week - but that does not imply that 40 hours is "full-time") Here's a quote: "The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA." Quoted: Sweep, her full/part time status as an employee and any benefits she is entitled to is dependent on the policies of the company. The company must be in compliance with both federal and state labor law. The only one who can answer your question initially is the company where she is employed. They are required to have the companies benefit policy available for review by the employee. It should clearly state what criteria define an employee’s status and what benefits she is entitled to. It sounds like she has already abandoned the job at this point. You need to call your State Department of Labor to find out what if anything she is entitled to at this point. Thanks guys! Those two ought to do it.[:)] |
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Quoted: We call it a probabtionary period. It usually lasts for 6 months, with the ability of the (us) employer to fire at will, with no cause. After that the probationary employee is vested into the company with all rights and privileges of a full time employee. In Illinois, all employees are presumed to be at-will employees terminable at any time, without cause unless there is a valid contract for employment. |