Can I become full-time?
UPDATED: Feb 26, 2012
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I become full-time?
I work almost full-time, averaging 35 hours per week, fairly regularly since sometime last year. The only benefit I get is a 401k plan. For almost a year and a half, a temp from an agency works at least 32 hours weekly in a similar position. This makes me believe there could be a full-time position. I’ve been a reliable employee with the company for a few years. I’ve already talked to the manager about making me full-time, and he says this national corporation doesn’t want to pay benefits; I know they are paying $6.00 more for the temp (wages + employment agency fees) than they are for me hourly. If I was full-time, my hourly pay might go up at least a few dollars. I know there is no federally designated number of hours for an employee to work to be considered full-time. I am wondering if this company is violating some state labor laws and if there is a way that I can encourage them to make me full-time and offer me more benefits.
Asked on February 26, 2012 under Employment Labor Law, Maine
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, there is no point at which the law mandates you a become "full time" employee and receive benefits. First, companies are not required to pay any benefits, ever--it is voluntary, for example, for a company to offer health insurance, vacation days, sick days, etc., and it would be perfectly legal for a company to never offer these. Second, companies are allowed to fill any or every position with contract employees, through a temp or staffing agency; there is no law requiring them to actually have staff of their own, or to ever transition contact workers to their own payroll. Finally, you should bear in mind that given the cost of insurance, the cost of offering paid time off, and the increased headaches of staff vs contract help, the company is almost certainly coming out well ahead if they are only paying an extra $6.00/hour for you through the agency--that is, what the company is doing is very logical from an economic point of view.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.