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I'm in california and have consecutively worked 40 hours for…

Hello I'm in california...

Hello I'm in california and have consecutively worked 40 hours for the past 6 years, am i considered full time and at what point do you become full time

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Hr is no help

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No unio

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Answered in 11 minutes by:
5/30/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,923
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Labor Code 515(c) defines full time employment as 40 hours per week; here is that statute:

CHAPTER 1. General [500 - 558.1]

( Chapter 1 enacted by Stats. 1937, Ch. 90. )

515.

(a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing those duties, and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. The commission shall conduct a review of the duties that meet the test of the exemption. The commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to duties that meet the test of the exemption without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, 2000.

(b) Except as otherwise provided in this section and in subdivision (g) of Section 511, nothing in this section requires the commission to alter an exemption from provisions regulating hours of work that was contained in a valid wage order in effect in 1997. Except as otherwise provided in this division, the commission may review, retain, or eliminate an exemption from provisions regulating hours of work that was contained in a valid wage order in effect in 1997.

(c) For the purposes of subdivision (a), “full-time employment” means employment in which an employee is employed for 40 hours per week.

(d) (1) For the purpose of computing the overtime rate of compensation required to be paid to a nonexempt full-time salaried employee, the employee’s regular hourly rate shall be1/40th of the employee’s weekly salary.

(2) Payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee’s regular, nonovertime hours, notwithstanding any private agreement to the contrary.

(e) For the purposes of this section, “primarily” means more than one-half of the employee’s worktime.

(f) (1) In addition to the requirements of subdivision (a), a registered nurse employed to engage in the practice of nursing shall not be exempted from coverage under the orders of the Industrial Welfare Commission, unless he or she individually meets the criteria for exemptions established for executive or administrative employees.

(2) This subdivision does not apply to any of the following:

(A) A certified nurse midwife who is primarily engaged in performing duties for which certification is required pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code.

(B) A certified nurse anesthetist who is primarily engaged in performing duties for which certification is required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code.

(C) A certified nurse practitioner who is primarily engaged in performing duties for which certification is required pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.

(D) Nothing in this paragraph shall exempt the occupations set forth in subparagraphs (A), (B), and (C) from meeting the requirements of subdivision (a).

(Amended by Stats. 2012, Ch. 820, Sec. 2. (AB 2103) Effective January 1, 2013.)

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=515.

Also please see:

https://www.dir.ca.gov/t8/11040.html

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Customer reply replied 2 months ago
Thanks for your responce. Basically my employer is stating i wasn't full time am not worthy of receiving pto as other employees were at the time and i didn't receive it. The employee handbook states I'm eligible for 70 hours of pto per year but didn't receive it for 4 years.

You are welcome;

If an employer does not allow PTO then a report can be filed here:

https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm

Also an employer may be liable for a breach of contract claim for the wages for that period - an employee policy manual can help prove the existence of a contract.

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Customer reply replied 2 months ago
What constitutes a breach of contract. He also states that the employee handbook is not a binding contract?

A contract can be oral, implied or written.

So an employee handbook can constitute part of a written contract;

the court can also look at surrounding circumstances (conduct, actions) to see if it is implied.

Even texts/emails can be part of a contract for example.

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Customer reply replied 2 months ago
My employer also states i wasn't full time because he didn't say i was. Is that lawful in the state of California? I've been with the company for about 7 years. Thank you for your reply

Per the labor code full time employment is 40 hours per week.

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You are welcome!

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,923
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Legal Specialists are ready to help you
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Customer reply replied 2 months ago
Hello again. Does it matter what size the company is.

From a breach of contract perspective size of company is not relevant.

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Customer reply replied 2 months ago
My apologies but from a breach of contract standpoint what does that mean. In reference to the employee handbook?

A company policy handbook/manual is typically deemed part of the contract so if the employer (or employee) violates a clause that is when the breach of contract (manual) comes into play.

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