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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5615
Experience:  Exclusively practice labor and employment law.
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I am classified as a part time employee, I get no benefits.

Customer Question

I am classified as a part time employee, I get no benefits. However, I find my self working 50 to sixty hours a week. My employer claims that overtime pay is only applicable after working 40 hours a week, is that right for a part time employee who's classified not to work over 30 hours a week?
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today
The employer is correct that overtime is not owed unless the employee works more than 40 hours in the workweek. Terms like "part-time" and "temporary" have no legal significance under the law. The law only states that those working in excess of 40 hours must be paid overtime; with some exceptions to that rule.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.
Customer: replied 2 years ago.
So how can I be classified as part time when I work 50+ hours a week?
Customer: replied 2 years ago.
And what are the exceptions to the rule?
Expert:  John replied 2 years ago.
The terms "part time" means nothing under any law. The employer is free to define part or full time as it wishes. In any event, only working 40 or more hours per workweek will get you time and a half for all hours worked in excess of 40 per workweek.
You may in fact be a qualified beneficiary under the employer's health plan if you have average in excess of the cutoff (usually around 32 hours per workweek) for a month or longer.
The exceptions are salaried (managers, professionals and admin) employees don't get overtime even if they do work in excess of 40 hours.
Customer: replied 2 years ago.
Not salaried, just work that much for them and I got injured and I am under the bus now
Customer: replied 2 years ago.
Expert:  John replied 2 years ago.
If you were injured on the job you have a right to file a workers compensation claim regardless of the number of hours you worked. In regard to non-work based injury, It may be that you qualify for the employer's health plan as well, but you'd need to make a calim with the insurer a) that you are/were a classified beneficiary under the plan and b) that theyshould have covered the injury.