Should I be getting full time benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I be getting full time benefits?
I live in Texas my job asks that I work 58 hours a week Monday-Saturday. I’m labeled as a part time employee but I’ve been working over 40 hours a week since I started in July 2017. Am I eligible for full time benefits such as vacation, sick leave, paid holiday etc?
Asked on January 18, 2018 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There is no legal requirement to provide any employee, full or part time, benefits such as vacation days, sick leave, paid holidays, etc.; and even if an employer choose to provide certain employees these things, they do not have to provide all employees them (e.g. some employees can get vacation, others do not). It's up to what the employer wants to provide you/your position, and you have no intrinsic right to those benefits.
Of course, if you are an hourly employee, you must be paid overtime whenever you work more than 40 hours in a week, and if you are not, you could file a complaint with the state or federal department of labor. Overtime is based on how many hours an hourly employee actually works, and has nothing to do with whether you call them part-time or full-time.
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.