Part-Time labor laws?

Old Aug 1, 2007 | 07:43 PM
  #1  
JRsWRX's Avatar
Thread Starter
Registered User
iTrader: (9)
 
Joined: Mar 2006
Posts: 1,257
From: Bay Area, Ca
Car Info: 07 STI
Part-Time labor laws?

Does anyone of any part-time labor laws because I am currently "part time" except my dick of a manager has me working 40+hours a week and I'm not getting benefits. Obviously I should be getting benefits, but is it even legal for him to make me work this many hours when I'm part time?
OMGIMTIREDTHANKS,
John
Old Aug 1, 2007 | 08:00 PM
  #2  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by JRsWRX
Does anyone of any part-time labor laws because I am currently "part time" except my dick of a manager has me working 40+hours a week and I'm not getting benefits. Obviously I should be getting benefits, but is it even legal for him to make me work this many hours when I'm part time?
OMGIMTIREDTHANKS,
John
Well usually you have to be there passed your 90 days and I believe there for a year before you're eligible for benifits (thats how its been at all my jobs.) Part time is typically defined as 32hrs and below while anything above is full time from my experience. How long have you been there? If you really have an issue with your boss maybe you should speak to HR about it and go about it sensibly rather than spouting he's a dick. And they're not just going to GIVE you benefits. You're not entitled to them. Benefits are generally given as long as you pay into them and are ment to be an incentive to work there. BTW what kind of place do you work at? If you say walmart...go get a better job lol

Oh and btw if you're a minor...yes there are specific labor laws they employer is supposed to follow while the minor is in school, but it's the summer and they don't apply iirc. Please give a little more info
Old Aug 1, 2007 | 08:26 PM
  #3  
JRsWRX's Avatar
Thread Starter
Registered User
iTrader: (9)
 
Joined: Mar 2006
Posts: 1,257
From: Bay Area, Ca
Car Info: 07 STI
Well first off, I work at Americas Tire =P and I'm not a minor. I've only been here a month so far but it's really taking a toll on me work 8+ hours a day and then going to the gym with friends. When I accepted the job as part time I didn't think I would be working 40+ hours a week. I don't really want to leave the job though because it's actually something I semi-enjoy while I'm goin to state.
Old Aug 1, 2007 | 08:31 PM
  #4  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by JRsWRX
Well first off, I work at Americas Tire =P and I'm not a minor. I've only been here a month so far but it's really taking a toll on me work 8+ hours a day and then going to the gym with friends. When I accepted the job as part time I didn't think I would be working 40+ hours a week. I don't really want to leave the job though because it's actually something I semi-enjoy while I'm goin to state.
Wait what?? Ok so lemme get this straight...

- You're legally an adult

- You've only been there a month

- You're really really tired because you work 8+ hrs a day and go to the gym with friends


I have a few solutions for you:

- Be a man and grow up

- Deal with it, if you don't like it quit.


Honestly stop being such a child. You're legally an adult. No one is forcing you to work there. You're also under 90days probation like most new hires at places of employment and you work in CA, so if they decide you aren't working out then they can fire you. As long as they're paying you your earned wages for overtime stop whinning seriously. I honestly hope this thread is just a joke....otherwise my most valuable suggestion is this....
MAN UP
Old Aug 1, 2007 | 08:31 PM
  #5  
DetailAddict's Avatar
Former Vendor
iTrader: (52)
 
Joined: Nov 2002
Posts: 6,912
From: San Jose, CA
Car Info: Evo X
unless you work for more than a year, they don't have to pay you benefits. you are getting overtime/double time pay right?

FYI, I am on salary, I don't get overtime pay. But when a brand new processor hits the lab, we have to work 24/7 (really) until it passes the basic stuff. Or when the company flies me out to LANL, NM to conduct experiments, I also have to work the crazy shifts and over the weekend as well. working 40+ hours is pretty normal actually... But sure, I understand it's not for everyone... However, since you are still a student, I say school comes first... quite if you have to...

Last edited by DetailAddict; Aug 1, 2007 at 08:37 PM.
Old Aug 1, 2007 | 08:33 PM
  #6  
psoper's Avatar
250,000-mile Club President
 
Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
"benifits" are just that and their application is pretty much up to the employer, Part time and Full time distinctions are I think likewise at the employers discretion,

Labor laws cover you getting paid minimum wage and overtime, and getting breaks and not being forced to work in unsafe conditions.
Old Aug 1, 2007 | 08:34 PM
  #7  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Oh yeah and if you really feel the need to persue this matter of being a pansy here are some links you could look at:

http://www.labor.ca.gov/laborlawreg.htm

http://www.dir.ca.gov/DLSE/dlse.html
Old Aug 1, 2007 | 08:41 PM
  #8  
JRsWRX's Avatar
Thread Starter
Registered User
iTrader: (9)
 
Joined: Mar 2006
Posts: 1,257
From: Bay Area, Ca
Car Info: 07 STI
and no I'm not getting any overtime/ double pay. The point of the thread is that my employer hired me for PART TIME, but will NOT let me work less hours. No need to be a dick maddhatteroo kthnx.
Old Aug 1, 2007 | 08:47 PM
  #9  
DetailAddict's Avatar
Former Vendor
iTrader: (52)
 
Joined: Nov 2002
Posts: 6,912
From: San Jose, CA
Car Info: Evo X
i think you not getting overtime/double pay is an issue as well as constantly working 40+ hours a week with a part-time status (maybe that's why you are not getting the overtime/double time pay). Best to call HR and see what's up... But either way I don't think they have to provide you with benefits due to number of months you've worked there.

sounds like you don't care about the benefits, just want to work less hours. express your concerns with your manager and HR. if it doesn't workout, leave. School comes first I say... Good luck!

Originally Posted by JRsWRX
and no I'm not getting any overtime/ double pay. The point of the thread is that my employer hired me for PART TIME, but will NOT let me work less hours. No need to be a dick maddhatteroo kthnx.
Old Aug 1, 2007 | 08:48 PM
  #10  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by JRsWRX
and no I'm not getting any overtime/ double pay. The point of the thread is that my employer hired me for PART TIME, but will NOT let me work less hours. No need to be a dick maddhatteroo kthnx.
Not trying to be a dick, but just pointing out the obvious. If you're not recieving overtime pay or back wages then yes you should persue this matter with the labor board if your HR person cannot settle this for you. If its really that bad and you're hating it then quit. Like I said...no one is forcing you to work there.
Old Aug 1, 2007 | 08:49 PM
  #11  
JRsWRX's Avatar
Thread Starter
Registered User
iTrader: (9)
 
Joined: Mar 2006
Posts: 1,257
From: Bay Area, Ca
Car Info: 07 STI
Ya, I don't really care about benefits, I knew there was a required time you had to be with the company in order to get them. My main concern was my hours and how I'm supposedly part time but cannot work less than 40 hours a week.
Old Aug 1, 2007 | 08:56 PM
  #12  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by JRsWRX
Ya, I don't really care about benefits, I knew there was a required time you had to be with the company in order to get them. My main concern was my hours and how I'm supposedly part time but cannot work less than 40 hours a week.
Some employers seek only full time and need at least full time from their employees. Keep in mind they are trying to keep people on staff for the good of the business and their customers. If they have alot of business I can understand that. When you were hired you should discuss that with the manager or the person who had hired you, and if thats not a possibility then I would suggest you reevaluate your priorities in life as an adult. Do you really need a job right now? Can you afford to cut back on some activities in order to work? Can you adjust your time at the gym accordingly to make your schedule (personal and work) work in harmony? I work 40-50hrs a week and yes I get benefits (due to me being there over a year, pay into them, and was offered them from a good employer) and I go to the gym and work out and hang out with friends during the week. I also work full 8+ hr days and still am able to manage to do those things and go to school during the semesters with as a full time student. It seems to me that you need to manage your priorities/time a little better if work is getting in the way of your needs. Just my opinion
Old Aug 1, 2007 | 08:59 PM
  #13  
JRsWRX's Avatar
Thread Starter
Registered User
iTrader: (9)
 
Joined: Mar 2006
Posts: 1,257
From: Bay Area, Ca
Car Info: 07 STI
When I was applying I was told by the store manager that they were in need of part time employees, which does not seem to be the case. It's hard to manage my time when I pass out after work =P. well thanks for the help, I'm gunna bring this up with him tomorrow.
Old Aug 1, 2007 | 09:01 PM
  #14  
apetron's Avatar
Registered User
iTrader: (21)
 
Joined: Jun 2007
Posts: 2,016
From: Oakland
Car Info: 07 STI Built/Widebody/E85/Rotated GTX3576 13 Fozz
FYI, if you are not working more then 8 hours in a given day or 40 hours in a given week you do not qualify, under the labor law, for overtime.

Example, if you work 12 hours in one day, 8 of those are normal pay and 4 are overtime pay.

Or if you work five 8 hour days in a row, then come in on the 6th day, that 6th day would be overtime.
Old Aug 1, 2007 | 09:02 PM
  #15  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by JRsWRX
When I was applying I was told by the store manager that they were in need of part time employees, which does not seem to be the case. It's hard to manage my time when I pass out after work =P. well thanks for the help, I'm gunna bring this up with him tomorrow.
So are you still able to go to the gym after you pass out from work?

Thread Tools
Search this Thread

All times are GMT -7. The time now is 12:23 PM.