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What is the California rule for employers having to offer part timers full time for the hours worked?

Yuba City, CA |

Working for my employer for 4 years. They said it was a 52 weeks average and I came an hours and a half short. Also, they DECLINED to tell or give me my averages for the year before because they said it was for this year only. What should I do? I feel as if I'm being cheated out of full time for the previous years.

I'm not worried about the benefits, such as heath care. I am just wondering if there is a rule if i work more than 30 hours a weeks for a consecutive amount of time, that I am entitled to having them change my status from part time to full time.

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Attorney answers 4

Posted

There is no California rule defining full or part time employment. It is within the employer's discretion to define the criteria necessary to qualify for benefits. If the criteria is in the form of policy or written employment offer, there may, arguably, be a contractual obligation to provide it if you have met all of the criteria. But you will need to have an attorney review all of the facts and documents to be able to provide a legal opinion.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Posted

Please provide more details to clarify what your question is about. With respect to averages for the year before you have a right under CA law to inspect your personnel records, which may have this information.

California law requires that employers allow employees and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. Labor Code Section 1198.5 Inspections must be allowed at reasonable times and intervals. To facilitate the inspection, employers must do one of the following: (1) keep a copy of each employee’s personnel records at the place where the employee reports to work, (2) make the personnel records available at the place where the employee reports to work within a reasonable amount of time following the employee’s request, or (3) permit the employee to inspect the records at the location where they are stored with no loss of compensation to the employee.

Asker

Posted

I'm not worried about the benefits, such as heath care. I am just wondering if there is a rule if i work more than 30 hours a weeks for a consecutive amount of time, that I am entitled to having them change my status from part time to full time?

Neville Francis Fernandes

Neville Francis Fernandes

Posted

Sorry, there is no law requiring they change you to FT status. If your workplace is unionized then that may be different but a non-union employee without an employment contract doesn't have to be switched to FT after working a certain amount of hours a week. Sorry.

Posted

You need to get the data so you can determine this yourself. You should keep a separate log of your hours worked if you think there is a problem. If you are furnishing them time-sheets to document your hours, it would be a good idea for you to keep copies of them for yourself. Ask them for copies of these time-sheets if they have them.

Asker

Posted

I will start keeping my own time sheets. Thank you :)

Posted

It sounds like you are complaining that you might be cheated out of your benefits, such as health benefits and vacation pay benefits. If so:

1. Get a copy of the employee handbook.
2. Find out the name and address of the administrator of the health care plan.
3. Contact an employee benefits or ERISA lawyer.

The summary benefit plan will say whether you are eligible for benefits.

You will need a lawyer for this.

David Mallen
310.895.0107

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

David Andrew Mallen

David Andrew Mallen

Posted

The summary benefit plan is for things like health and retirement benefits. The employee handbook, or employer custom and practice, will determine vacation pay benefits.

Asker

Posted

I'm not worried about the benefits, such as heath care. I am just wondering if there is a rule if i work more than 30 hours a weeks for a consecutive amount of time, that I am entitled to having them change my status from part time to full time?

David Andrew Mallen

David Andrew Mallen

Posted

I am sure you have a reason to be concerned. I am just curious how you are damaged, or potentially damaged, by the different classification.