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  1. #1
    benter is offline Junior Member
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    part time employee vs. full time employee

    What is the name of your state (only U.S. law)? Arkansas


    My wife has worked for a nursing home for going on nine years and was hired as a full time employee. As of recently, the workload has decreased , due to not as many people coming in for physical therapy, I am assuming due to the economic downturn...at any rate. After working this Christmas and New years day, typically and in the past paid at double time. She was notified to day that she hasn't been working over 32 hours so she is part time and is not eligible for Holiday pay now. Is this legal without letting her know that her employment status has been changed from full time to part time? I would assume that next they will tell her she is not eligible for vacation and her insurance benefits?

    Thank you very much in advance for your assistance in this matter...
  2. #2
    justalayman is offline Senior Member
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    there is no legal definition of part time or full time. An employer is able to provide benefits to one class and not another such as those that work over 32 hours and those that work under 32 hours.

    Is there an employee handbook and what does it state to benefits and hours worked?
  3. #3
    benter is offline Junior Member
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    Looking now.....I saw somewhere that they could change your status based on hours worked but it could not affect your wage benefits without notice, is this not true?
  4. #4
    cbg
    cbg is offline Senior Member
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    You're confusing apples and oranges.

    The rate of pay cannot be lowered without notice. They cannot change your rate from $10 to $8 without telling you first.

    Benefits are another ball of wax altogether. Holiday pay is not required by law for non-exempt employees. Ever. Under any circumstances barring a legally binding contract that specifically says otherwise. If company policy is that full time employees get holiday pay and not part time, and she is now part time, then she doesn't get holiday pay. No one has to sit her down and explain to her that she is no longer eligible for it. She isn't due it by law in the first place. You can't tell me she didn't know she was working fewer hours.
  5. #5
    benter is offline Junior Member
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    This is what I am talking about...and yes she knew she was not working as many hours, but it was not her choice, probably doesn't matter, but still...



    It is entirely up to an employer to come up with its own criteria as to how many hours an employee works a day or week or any other factors that make an employee part-time vs. full-time for that particular employer. However, if wages or wage benefits are involved, then the employer must clearly spell out in writing (policy, handbook, etc.) as to what it takes to be a full-time employee vs. being a part-time employee. This is especially important if an employer's part-time employees do not earn wage benefits such as, but not limited to, vacation pay (including PTO and PDO leave), sick leave, and holiday pay, while its full-time employees can earn wage benefits. Also, it is legal for an employer to switch an employee from full-time to part-time even without the employee's knowledge as long as the employee does not ends up losing wages, including wage benefits, that have already been earned at the time of the change-over.
    Please review on-line our fact sheet on Promised Wages Including Wage Benefits for details on wages and wage benefits.

    Please note that the North Carolina Department of Labor does not handle benefit issues such as pension plans, retirement plans, 401(k) plans, IRAs, profit sharing plans, and medical/health insurance including COBRA. Here is the agency that you need to contact:

    United States Department of Labor
    Employee Benefits Security Administration (EBSA)
    61 Forsyth Street, S.W., Room 7B54
    Atlanta, GA 30303
    Telephone: (404) 562-2156
    Web Site: [url=http://www.dol.gov/ebsa]Employee Benefits Security Administration Main Page[/url]
  6. #6
    justalayman is offline Senior Member
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    so what does the employee handbook say to the question at hand?
  7. #7
    ecmst12 is offline Senior Member
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    Why would you look on a site about North Carolina when this employer is in Arkansas?

    And at any rate, all that means is that it has to be in the handbook, how many hours you have to work to be considered full time. It doesn't mean they have to notify each employee every time their status changes (and for most things, it can change from week to week).
  8. #8
    benter is offline Junior Member
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    still trying to find it just a layman, probably wont have it until tommorrow...but from the answers I have seen here so far I doubt it matters....What a country...LOL I guess you can just get screwed any way they want to screw and you should just be thankful that the great big man just gives you the opportunity to make them bunches of money
  9. #9
    benter is offline Junior Member
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    And I only looked at the North Carolina comment because it came up in the search engine search...I only "assumed" that there were similar laws for other states...and yes I know what assume means...
  10. #10
    ecmst12 is offline Senior Member
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    Employment laws are VERY state-specific and vary widely from state to state. You need to search specifically for information regarding YOUR state - stuff from other states is useless to you.
  11. #11
    pattytx is offline Senior Member
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    And North Carolina is probably in the middle of the "employee-friendly" states list. Arkansas is much nearer the bottom.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  12. #12
    cbg
    cbg is offline Senior Member
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    NC is very big on things being in writing. That is a state-specific tendency. It does not apply in other states.

    Arkansas couldn't care less. There is no such law in Arkansas.

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