If you’re a budgeted part-time employee, how long can they let you work full-time hours and not offer you a full-time status?

UPDATED: Oct 1, 2022

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If you’re a budgeted part-time employee, how long can they let you work full-time hours and not offer you a full-time status?

I have been working full-time hours for my employer for over a year and a half. However, I am a budgeted part time employee. Our policy says that I should not average over 32 hours a week in a calendar year. I did. Now, they want to

cut my hours and give more hours to flex employees to cover my work. I have been working full-time for 1 1/2 years without full time benefits. Is this legal?

Asked on February 21, 2018 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

"Full-time" and "part-time" are not actually very useful or important concepts legally. There are no "full-time" benefits required from employers: they can have all--or, just some--"full-time" jobs not get vacation days, sick days, insurance, etc. Regardless of whether you are working full- or part-time, your employer decides on what compensation or benefits you get. (The only legal obligation is to pay an hourly employee for all hours worked, regardless of what you consider him or her.) So your employer did not need to provide benefits to you.

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.

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