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.
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.
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.
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 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.