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TNAfan

Junior Member
What is the name of your state? Kansas

I have to start out by saying that I am pretty sure I have no legal recourse for the situation I am about to explain. I know that being an "at will" employee...pretty much limits any grievances other than discrimination or harassment, but I would still like some insight into my situation.

I am a college student majoring in mass media with an emphasis on television production. About a year and a half ago I started working for a local tv station as floor director for the local news. I was offered the job as a "part-time" employee... which was fine with me seeing as I am in school. On the other side of that coin though... as a college student I am always in need of money. With that said, every time the opportunity presented itself to work more hours or take someones shift I always stepped up. I quickly earned the reputation of being reliable and always willing to go above and beyond.

Over the course of the past year I have noticed a profitable (but ultimately disturbing) trend. As my fellow part timers have moved on to bigger and better things... the company has opted not to replace them but give me their responsibilities instead. At first this was great... after all.. I could use the extra money. But lately it has gotten completely out of control.

My company offers their full time employees the usual benefits (i.e. insurance, vacation, sick time, ect...). I know there is no law the requires a company to provide such benefits to employees but my company chooses to.

My problem (and question) is the definition of full time/part time. Over the past 6 months I have averaged 43.7 hours per week yet my company will not make me "full time". Since mid December I have worked 7 days a week with only one(1) day off (which I had to threaten to quit if they didn't give me). I just cant see why their "full-time" employees get a 40hr work week with two days off... + benefits, and while their at home with their feet kicked back... I am required to pick up the slack. And when I say required.. I mean it. There have been times when work directly conflicts with a school obligation, and when I bring it up... they don't care.

Since I have been employed with them I have never called in sick, or been late, and have gotten positive employee evaluations. I have repeatedly approached by mangers and HR staff about my concerns to no avail. About a month and a half ago I was told they were "looking into making me full-time"... but since then I have only gotten the runaround. In my opinion they are only telling me this to calm me down, and have no real intention of ever doing it (to avoid giving me benefits).

So my legal question is... how can they require me to work "full-time" hours (actually more to get picky about it), yet deny me the benefits that they have an established practice of granting their full time employees? I know that the federal labor statue does not define full time/ part time... so I am not sure if I have any recourse other than to just quit and find a new job (which I really don't want to do... but I'm fed up). I can't find anything under Kansas statute that could help me either, except one reference to the definition of employment status... which I do not know if it can help me or not. Here is what I found under Kansas statute... and any help using this would be appreciated.

Under Kansas Statute... Chapter 44 - Labor and Industries... in Article 12.. subsection 2, reference (h) states -"Occasional or part-time basis" means any employee working less than 40 hours per week and, for the purposes of this definition, students 18 years of age and under working between academic terms shall be considered part-time employees regardless of the number of hours worked.

I know this is a stretch... but since over a period of 6 months I have averaged 43.7hrs per week.... by the Kansas statute's own definition... I cant be considered part time can I?

Like I said starting this post... I'm pretty sure I just need to either deal with it or quit, but I am hoping someone can point something out that I overlooked or offer me advise.

Thanks... and I apologize for the length of this post.... I'm just extremely frustrated.What is the name of your state?
 


cbg

I'm a Northern Girl
Have you brought your hours to the attention of HR? Have you specifically asked them to reclassify you as full time since you are working those hours?

If not, why not?
 

TNAfan

Junior Member
yes I have. They told me they would "look into it", but like I said... that was almost a month and a half ago.
 

cbg

I'm a Northern Girl
Then remind them. And sit down with them for an in-depth discussion, don't do it as an off the cuff, oh, btw, did you have a chance to check into...?
 

Zigner

Senior Member, Non-Attorney
Are the "full-time" employees you are referring to also on a contract or in a union?
 

TNAfan

Junior Member
Some are on contract, like on air talent and what not. However, the graphics designer (which I'm also training on so he can take a break) is not contracted, just full-time.
 

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