Pay part time benefit rate, work full time hours

[rowlandsw]

What is the name of your state? IN

My wife works "part time" (she takes Tuesday's off, works Mon, Wed, Thurs, Fri).

She constantly has to come in and work on her day off, and gets called in nights and weekends frequently. She does not have the option of not working when she is asked. We pay about an extra $110/pay period (bi-weakly) for benefits than if she was "full time". At the end of the year, she works well over 1820 hours for the year, her company defines full time as over 70 hours/pay period.
Do we have any legal right to make them pay us the $2860 extra that we are paying for "part-time" benefits, when she clearly works full-time hours, she is just technically part time because she takes Tuesdays off. Plus she gets less vacation time.
Is this legal?

 

[cbg]

How may hours she works on an annual basis is irrelevant.

How many successive pay periods has she worked over 70 hours?

 

[rowlandsw]

I would have to try to dig up her old pay stubs to determine that.

What would the successive count need to be for us to have a case?

 

[cbg]

There's no "bright line" where if it's over x she automatically must be made full time and if she's under it, she needn't. But if she's over 70 hours consistantly, as opposed to sometimes she is and sometimes she isn't, that's going to go a lot farther in supporting any claim.