Expert: Salvador Souto - 11/22/2005

Question
I have worked for this company for 7 months about
30 weeks. Every single week I'v worked 40 hours
sometimes more, but the employer has got me categorized as Part time . I get no benefits and
every time there is a meeting for the full timer's the supervisors make me attend and no other part timer's have too.  I have asked for
full time status 4 times but the employer says
they can't.  Question 1. Is it legal for that
company to make me work 40 hours every week and
consider me a part timer with no benefits.
Question 2. Is it legal for a company to deny you
a lunch break after you have worked 6-9 hours
straight with only a 5 min break?

Please respond

Thank you

P.S. I feel like I'm being taken advantage of.
The state I work in is Florida.


Answer
Hello Ozzie,
The U.S. Congree does not legislate fairmness.  I n this case they did not pass a law that tells employers what is full/PT.  I also live in FL.  I know there are no state laws that deal with this b/c FL basically does not have many laws that protect workers.  I also know that so long as you are older than 18 you can be expected to work any length of time w/o a break.  You can verify this and learn more by doing the following: run all this by an experienced labor and employment lawyer, go to:www.dol.gov/esa/whd and research the laws of the state of FL by starting at:www.firstgov.gov.  Best wishing and happy Thanksgiving.