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How can an employee who works 40 hours a week be considered part time?

Huntington, WV |

I work for a office supplies retailer. I have been scheduled to work 40 hours per week for more than a year, yet my employer says I'm considered part time and am not entitled to any full time benefits. Is this legal?

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Attorney answers 2


Definition: There are no legal guidelines that determine whether or not an employee is a full time employee. A determination of whether an employee is working full time depends on the company's policy and practice of defining full time employees. So you have to look at what the office supplies retailer's policies are. Also, review the governing documents of the benefit plans for their definition of an eligible employee by talking to covered employees. Be careful. But you are still governed by the Federal and State overtime laws which is 40 hours for the FLSA and 8 hours per day in California (I believe WV follows the FLSA) and any other statutes concerning work breaks. Also, keep a diary of your time. If you need more information contact a WV attorney but this is a good start.

Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

Good Luck starts with a strategy and a plan.

Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701

Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns,
Homeowner Association Strategist.

As a strategist, I analyze and integrate the operations, reserve study, budget, and financial statements into a unitary plan for 1 – 5 years, utilizing my experience as
a former treasurer and vice president of a homeowners' association and corporate
controller and auditor, to minimize homeowner association dues.


It would help to know who is the retailer.

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