For some reason your post is "closed," so I can't respond directly in that thread.
There is no law that dictates how long an employer may retain an employee on temporary status without benefits. In fact, there are no laws that require an employer to offer any benefits at all (except for the State of Hawaii.) And an employer may offer benefits on a non-discriminatory basis to one "class" of employee and not another. In other words, they can offer benefits to those employees they consider to be regular, full-time employees and not to part-time and/or temporary employees.
What an employer cannot do however is to misclassify an employee for the PURPOSE of avoiding offering benefits. The gov't entity that oversees employers' benefit plans and their compliance with ERISA and other regulations is the federal Department of Labor. I honestly cannot say whether your employer is doing anything illegal or not - it all depends upon your employer's particular business circumstances and any pattern of "discriminatory" decisions as it applies to inclusion in company benefit plans. You certainly may call the federal DOL and inquire about your situation and see what they have to say.
There is no law that dictates how long an employer may retain an employee on temporary status without benefits. In fact, there are no laws that require an employer to offer any benefits at all (except for the State of Hawaii.) And an employer may offer benefits on a non-discriminatory basis to one "class" of employee and not another. In other words, they can offer benefits to those employees they consider to be regular, full-time employees and not to part-time and/or temporary employees.
What an employer cannot do however is to misclassify an employee for the PURPOSE of avoiding offering benefits. The gov't entity that oversees employers' benefit plans and their compliance with ERISA and other regulations is the federal Department of Labor. I honestly cannot say whether your employer is doing anything illegal or not - it all depends upon your employer's particular business circumstances and any pattern of "discriminatory" decisions as it applies to inclusion in company benefit plans. You certainly may call the federal DOL and inquire about your situation and see what they have to say.