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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Is full-time status determined by my employer only or is there

Resolved Question:

Is full-time status determined by my employer only or is there a state law determining a minimum? I have been working approx 35 hours a week for 5 months without benefits of other full-time employees. When I approached my boss, he said the previous boss never put in my paperwork and that the country club I work for didn't want to pay for my health insurance so they wouldn't be giving me F/T status, however, I still am working these hours. Is that legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

Unfortunately, full-time status is determined by the employer. For instance, an employer could decide that someone working 25 hours a week is full-time, or deny that an employee working 39 hours is full-time. However, currently there are no additional or separate rights that come with being a full-time employee instead of a part-time employee.

This will change on January 1, 2014 with the implementation of Obamacare, requiring that employers with 50 or more employees provide health insurance to their full-time employees. However, until that point, there's unfortunately, no legal responsibility for an employer to provide any employee with health care benefits, full-time or part-time.

See here:

http://www.dol.gov/dol/topic/workhours/full-time.htm


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

-Joseph



Customer: replied 1 year ago.


Hi Joesph,


 


Thanks for the quick response. It isn't just health bennies, but all the others as well such as vacation pay, holiday pay, etc. How is it legal that I work the same amount of hours that a full timer at my job does, yet I don't get those? Also, according to my previous supervisor, I was full-time. I didn't find out until after she quit that she didn't put the paperwork through. And the one after her was basically "too bad, so sad for you."


 

Expert:  Joseph replied 1 year ago.

Hello Janine,

 

Do you have any reason to believe that you are being disallowed health and other benefits that other employees who work the same hours due to discrimination based on a protected characteristic (such as race, gender, national origin, or ethnicity)?

 

Also, can you tell me if you have an employment contract with your employer or are you an at-will employee?

Customer: replied 1 year ago.


No, I don't understand their reasoning. I just got a stellar review and a raise. (Half of what my boss originally told me, but a raise none the less. I get along well with everyone I work with and the club members.


 

Expert:  Joseph replied 1 year ago.
Hello Janine,

Unfortunately, as an at-will employee, your employer is not obligated to treat you fairly in relation to other employees. So, the employer can decide to give benefits to other employees and not you, despite your stellar performance and relationships with employees and staff.

In it's any conciliation, I am very much in favor of there being additional legal protections for employees to be treated fairly in relation to other employees, but unfortunately the current status of the law provides very few protections for employees. The majority of which have to do with discrimination based on a protected characteristic.

If you had been hired as a full-time employee with an employment contract, you could sue your employer for breach of contract. But, unfortunately, you'd be limited to that cause of action.
Joseph, Lawyer
Satisfied Customers: 5205
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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Joseph
Joseph
California Employment Lawyer
5205 Satisfied Customers
Extensive experience representing employees and management