if im a part time employee working a full 40 hour week consecutively for over 3 months am i entitled to full time status?

UPDATED: May 28, 2009

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if im a part time employee working a full 40 hour week consecutively for over 3 months am i entitled to full time status?

Asked on May 28, 2009 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In California, there is no law which defines how many hours full time or part time employees work. Employers are free to define "full time" however they see fit.  Usually, it is 40 hours a week, but some employers grant full time status for employees who work less than 40 hours a week.  And some employers have people work 40 hours a week and call them part-time.  Unless you are specifically designated as a full time employee you are considered a part time employee.

The only real protection you have is if you work over 40 hours a week.  For those hours over 40, you receive time and a half.

What you need to do here is speak to your employer directly and tell them that you want to be designated a full-time employee.  They may or may not agree, and probably not considering this job market, but that is your only alternative.  Also, he/she might just say working 40 hours is temporary since you have "only" been doing it for 90 days.

Good luck.

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