Employee hired as part time now working full time hours without benefits, employee's right to receive benefits NY employment law

Your question was not answered by Mr. Kaman. I too would suggest you get an answer from an attorney. However, your question was whether you could be paid for benefits that were denied, not if they owe you overtime pay. Being in HR for many years, my experience says, the law does define that hours over 40 get paid at overtime rate. But from what you are saying, the Company didn't hold back overtime pay. Your question is about benefits. Federal Law does not define hours for full time vs. part time. That has to be defined by the Company. The summary plan document for your Company's health insurance plan (or other plan descriptions for other benefits) should define who it is available to or who is eligible. That's what you need to look at. It may say it is available to full time employees or it may say it is available to employees who work over a certain number of hours each week. It would be helpful, I would guess, to get your hands on the Company's summary plan description for any benefits you are seeking and a Company handbook that defines part time and full time employees.