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Legally full time?

BushiBushi Registered User regular
edited June 2008 in Help / Advice Forum
I've been working full-time (about 40 hours) a week for over six months at a retailer in Mississippi, but I'm still technically part-time, and I have no benefits. Is there a set amount of time I have to work 40 hours to be legally full-time, or is it entirely dependent on what the employer states?

Bushi on

Posts

  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited June 2008
    That sounds like the sort of thing that varies from state to state. I know that for every job I've had the whole point is that if they don't want someone to be considered full-time, they cut back their hours to just below the minimum requirement. Everywhere I've ever worked, 35-40 hours is considered full-time, and it needs to be maintained for 3-6 months, so what some of the douchier employers do is keep people at 34 or fix their schedules so that once every 3 weeks or so they fall just under the 35.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
  • BushiBushi Registered User regular
    edited June 2008
    Aye, doing the math, I've been working 38.83 hours a week since January. Starting 11/11/2007 through the end of December, I've worked at least 37.2 hours a week as well. Is there an online resource listing all of the state work laws?

    Bushi on
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited June 2008
    I think you can find them on the website for your state.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
  • BushiBushi Registered User regular
    edited June 2008
    Thanks for the help, apparently Mississippi doesn't have any wage or hour laws, so it's whatever the federal standard is.

    Bushi on
  • JAEFJAEF Unstoppably Bald Registered User regular
    edited June 2008
    [url]http://www.dol.gov/elaws/faq/esa/flsa/014.htm[/url] wrote:
    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.

    JAEF on
  • BushiBushi Registered User regular
    edited June 2008
    Hum...but if, according to the employer's set rules, I was full-time, would they be legally obliged to give me benefits?

    Bushi on
  • ArikadoArikado Southern CaliforniaRegistered User regular
    edited June 2008
    Generally speaking, yes. Do any other full time employees there get benefits?

    I don't think it is a California law but I know in most establishments, the trial time for a part-timer trying to be a full-timer is 90days or 720 hours.

    Arikado on
    BNet: Arikado#1153 | Steam | LoL: Anzen
  • BushiBushi Registered User regular
    edited June 2008
    Yeah, all of the technically full time employees get paid vacation, sick time, medical and dental plans, etc. I'll probably be speaking to a lawyer about this soon, thanks for you input everyone.

    Bushi on
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited June 2008
    Speak to your boss first, if you haven't. A lawyer probably won't be able to help you if you haven't tried to work this out in-house first.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
  • BushiBushi Registered User regular
    edited June 2008
    I have, the response I got was the standard "wait and see" approach. That, and there's a good chance I'm terminated for something I didn't do in the next week or so anyway, so I may as well try to get something for my troubles.

    Bushi on
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited June 2008
    >.>

    You aren't temp-to-hire, are you?

    ceres on
    And it seems like all is dying, and would leave the world to mourn
  • BushiBushi Registered User regular
    edited June 2008
    Nope, I've been working there over two years.

    Bushi on
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