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

Asked about 6 years ago - Lyons, NY

I was hired part time30<40,which means I can work more than 30,but less than 40 hours per week.For well over a year now I have been putting in more than 40 hours a week on average.I requestedthat my benefit package be adjusted or my position be made full time.I was told this could not be done and I would have to wait for the new budget.Meanwhile I put in more hours than some of the full timers,but do not get the same benefits.I grew tired of waiting for this to change and recently took a different position in the company I found out that they are making my part time position full time for the person who takes it over.I pushed for this for almost 2 years and now they are changing it for the new person.My question is,can I be paid for benefits that were denied me when putting in over 40 hours?

Additional information

I work part timef or one year.Last five months I work full time. Ihave no benefits. Employee's hand book is written that ful time employee get insurance and benefits.I wastold that I work fulll time but my position is not aproved.

Attorney answers (2)

  1. Jeffrey S. Ashendorf

    Contributor Level 9

    1

    Lawyer agrees

    8

    Answered . Check into the benefit plan terms, by getting the summary plan descriptions (SPDs), but it sounds as if you would be entitled to your benefits. For some benefits (health, life insurance, disability, etc.), the employer can define the eligible group in almost any way it wants -- "full time" = 50 hours per week, or whatever. For other benefits (pension, profit sharing/401(k), etc.) there are legal standards that have to be met.
    If the question is simply one of service, then 1000 hours paid time in a year = a year of service, and you generally cannot be required to complete more than 1 year of service for eligibility.
    However, there are other issues that could apply. Certain job categories or work locations may be ineligible, regardless of whether they are full- or part-time. That kind of thing you will have to find out from the documents.

    So get hold of the SPDs, see what they say, and, if necessary, consult with a local attorney. You could very well be entitled to payments (to say nothing of the overtime mentioned in the other answers).

  2. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    13

    Answered . You put in over 40 hours and federal overtime requirements kick in. Demand your backpay and/or file suit. You need an attorney specialized in employment law to help you but yes, they owe you money bigtime.

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