part time worker

[casual labor]

What is the name of your state? California

I work in a 29 hour per week position for a large corporation. I am allowed to work a 40 hours week for 22 weeks out of the year. My manager is having me work 40 hours every week but only document 29 hours on my timesheet each week except for the last week where I am supposed to write in all the undocumented hours. So basically, for 3 weeks I write down that I work 29 hours and the last week of the month I write 60 hours on my timesheet. I still have extra hours left over which I am supposed to use if I need a sick day.

I have worked well over the alloted 22 weeks of 40 hours. I get no vacation, no sick pay, no holiday pay or health benifits. I work just as many hours as a full time employee without the same benifits. Is this legal as long as I have agreed to go along with it for so long?

 

[cbg]

No law requires them to offer you vacation pay, sick pay, holiday pay or health benefits. However, they MUST pay you for every hour that you work and you MUST be paid overtime for every hour over 40 in a week. What's more, since you are in California (this is NOT true in most states) you MUST be paid overtime for every hour over 8 in a day.

These hours MUST be paid for in the same week in which they are worked. They may NOT legally wait until the end of the month to pay them and they may NOT legally use any of them as "comp" time (which is what they are doing by holding them out for you to use for sick time).

You can file a complaint with the state department of labor.