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May07

Who determines full-time status. Employer or State?

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We are in the state of California and have a group of employees who are covered by a collective barganing agreement which calls for (1) full-time position. Is it a state law that a full-time position is considered 35 hrs per week or does the employer, through their employee handbook determine what is full-time?

Ultimately, we would like the position to be a combination of straight and overtime hours equal to 40-hrs in a week. We are finding that by gauranteeing 40-straight hours we are constantly paying overtime or hiting 7th day premiums, etc.

Thanks for any assistnace.
Ann

First of all, you need an attorney to advise you on this particular contract. We never offer legal advice, and we have not seen the contract in question. But in general terms, there is no California statute or regulation that addresses the issue of who is a full-time employee. If the union contract specifies that certain employees will be full time, then that contract should also define full time. Otherwise, the contract is pretty much meaningless.

If the contract contains no definition of full time, then as an employer you define full time through company policy or in the company handbook. If you wanted, you could redefine full time to mean 24 hours per week.

It may be that the union contract mention of full time was designed more to address the issue of benefits (meaning coverage by group health insurance, paid vacations, etc.) rather than hours worked. It would be very unusual for an employer to sign a union contract that mandated how employees would be scheduled.  

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52 Responses to “Who determines full-time status. Employer or State?”

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  51. Gerry Peckinpaugh Says:
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    What always amazes me is how broke individuals try to give financial guidance so frequently. Perhaps it’s time to take your own guidance into practice yourself my friend…hmmm.

  52. Caitlin Says:
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    Thanks for weighing in with your opinion, Gerry!~ Caitlin

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