Full Time / Part Time
Rob S
65 Posts
Our company manual says that any employee working 30 hours per week is considered full time and eligible for benefits. In the past we used a 4 week rolling average to figure if someone was going over 30 hours per week. We recently brought in a new HR manager, and he says the DOL guidlines say that if half of the weeks worked are over 30, then they must be considered full time.
Example:
week 1 31 hours
week 2 10 hours
week 3 31 hours
week 4 10 hours
Under the old policy we had, this person would be part time because they are averaging 20.5 hours per week. By what our new person says, this person would be considered full time because half of the weeks worked were over 30 hours.
Does anyone out there know if DOL guidlines favor one of these over the other (or where I find this out)?
Rob Shuster
Example:
week 1 31 hours
week 2 10 hours
week 3 31 hours
week 4 10 hours
Under the old policy we had, this person would be part time because they are averaging 20.5 hours per week. By what our new person says, this person would be considered full time because half of the weeks worked were over 30 hours.
Does anyone out there know if DOL guidlines favor one of these over the other (or where I find this out)?
Rob Shuster
Comments
I have not asked lately, however, I would if my local office was not just a satellite work unit where one must leave a message. It is a question that should be researched. I have looked in my regs, but can not find a clear reference to this.
PORK
I did a search and the DOL website say that FLSA does not address FT/PT.
As long as we apply our company startards consistanly then there should be no EEOC issues.
Am I missing any other potential issues on this?
Rob
You may want to check your 401K and/or defined benefit plans.
Whether they are classied as FT or PT, our plans make the person eligble if they work over 1000 hours in a year.
Thanks everyone for your responses.
Rob
You should not have read into the tread words that were not there. Maybe the above words help you to clear up you NUTS!!!!!
PORK
A business owns it's decision to offer such benefits as a 401(k) and insurance. The business also owns the right to determine, during the drafting of those benefit plans, who qualifies to participate and it all winds up in the Summry Plan Description. Neither the insurance broker, the insurance company, the third party administrators or any financial instution nor the federal government makes that decision for the employer. x:-)
I find the listening and learning approach with auditors to be ever so much more comfortable to me. Taking their inquiries and learning has never hurt and enhances the emotional aspects of an on site audit.
Sometimes I forget you used to be on that side of the game and from time to time I'm shaken to my toes at your demeanor and distaste for their kind. As I stated before the poster should call and discuss the issues with the Wage and Hour folks, I find them very helpful in sorting through issues. The poster can then take your approach or no approach at all; take it or leaveit!!!
May you have a nice day for what is left of it.
PORK
He really is a good federal employee and likes to enjoy coming to work every day and doing what he is paid to do. I find conversing with Harold to be easy and satisfying. I feel like he is giving me the correct information and speaking from experience. I would not hesitate to call Harold on any wage and hour issue. He much prefers to help employers stay out of trouble rather than the other side of his job to audit/investigate/or whatever one wishes to term his on site activities, normally is generated because we the employer has shafted or alledged to have shafted someone prior to his visit.
"Dandy Don" is a retired x-federal employee and I would trust his conversations and advice all day long every day. I am sure in his past life, he was very much the same as a Harold, a solid federal employee.
What you read from me is also supported with experiences as a federal employee, all be it military service, where I dealt daily with civilian federal service employees.
May Everyone have a blessed Memorial Day and a safe long week-end.
PORK
Eat Mo' Possum.
Shadowfax is exactly right. There are so many buffoons in government offices most of you would not believe it!