Legal Question in Employment Law in California

Hello,

I work for a small and relatively new business. My boss doesnt really know much about employment law. I was hired as a 'part time' employee. I was told to work between 35-40 hours a week, but never exceed 40 hours. I'm often called to work over time and have exceeded 40 hours on occasions. I have a coworker that works 40 hours a week. We are both hourly employees, neeither of us are salaried. My coworker received benefits, paid vacation and sick pay. I do not receive any of those benefits. The difference between our work hours is usually between 2-3 hours every two weeks. It seems unfair that she receives benefits and I dont, when I only work 2-3 hours less than she does every two weeks. The laws are so vague on part time vs full time employees. I feel as though I'm not being treated fairly. Can anyoe explain the laws on full time employees and benefits in california. I work really hard and get the short end of the stick.


Asked on 1/31/13, 10:32 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

There is no law that says full-time employees must receive benefits of any kind. There are laws, however, saying that similarly situated employees must be treated similarly. In addition, any difference in benefits cannot be based on gender, race, or other unlawful classification.

The information you provide does not allow for an analysis of whether those laws might apply to you. Much will turn on whether you and your coworker have similar jobs.

I suggest that you negotiate this issue with your employer. If you cannot reach a satisfactory result, you may wish to contact a plaintiff-side labor lawyer to know exactly what rights you have.

Best of luck to you.

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Answered on 2/01/13, 1:59 am


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