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 Thank you for helping with these problems and volunteering. We all appreciate it.
  I have worked for this Auto Parts chain for over 3 years. On my Application, I stated I was available to work 8-5 Monday through Friday, NO nights or weekends.
  A year ago, the Manager had no problems with that schedule. He was transferred. Now the new Manager does. He tells me, to be fair, we all have to "share" the workload.
  He wants me to work some nights and weekends.
  I'm 63 years old and have trouble seeing to drive at night. My wife and I go to Church on Saturday evenings.
  I have spoken to him about the schedule and he just tells me,
"It is what it is." I have spoken to the District Manager 3 times and it just goes nowhere. He just shakes his head, like a dog coming out of a pond and says, "It all has changed". "It doesn't apply any more". He has scheduled me for 28 hours next week. Isn't this against Federal Law??
  I have tried to contact Corporate about other problems not related to H/R and those just go unrecognized. Sooo????
  Do I try to contact Human Resources at the company? Do I contact the Federal Government?
   What do you think I should do?? I know what they are doing is illegal. I'm not sure to whom to contact. Any suggestions would be appreciated.   
   I hope you and your family had a safe and joyous Thanksgiving.


Thanks-  Happy Thanksgiving to you and your family as well.

Thank  you for your question.  In a nutshell, the short answer is  there is nothing "illegal" WHATSOEVER  about the situation you explained.  From your perspective, it may seem unfair,  but whether it is or not is not the issue.   I'm sure every business in your town has one employee  who doesn't like their work schedule for one reason or another.  -  Working on Thanksgiving for example-- or at 4am for "Black Friday".

My explanation---  having been on BOTH  sides of your argument:

There is no federal law that defines what is full time or part time hours per week.   This is up to the company to define in their own policy.  Once it is defined, the company can still schedule employees when they are needed-- especially for hourly paid non-exempt employees.   For example, you can be a 40 hours/ week full time person and only get 5 hours a week of work.  Nothing illegal there.-- also vice versa... you can be part time willing to work 10 hours a week and you are scheduled to work 35 during a busy season.   Nothing illegal about that either.  Employees must be ready and willing to work as work changes and the company has to keep the business staffed accordingly.   

I understand your side that you had an agreement with the prior manager on your schedule.  This was not a contract -- he was just able to accommodate your request and it seemed to work out for a while.   However, every Company does reserve the right to ask you-- and anyone else to change their schedule, change pay rates or even the work you do.   So, although you have a pattern of living you have become accustomed to thanks to the past manager,  the Company still has a right to ask you to work weekends and nights - anytime for any reason.  

Sure, you can refuse the new schedule and if you do a few things may happen -  1- nothing will happen ,  2-  you will be fired/ laid off for not working the hours they needed,  3-  something else.. get written up or disciplined,  have hours cut more,  or maybe consider you also have the OPTION  to leave there after you find another job for another auto part store.  Many people "feel"  they are trapped in their job and the big bad company gives them no options.   You can take your skills somewhere else if you really need to.   I believe people in any job have the power to take their skills and leave for better pay and work conditions.   Just my perspective.   Age has nothing to do with it either..

The corporate HR and District managers  likely will not do anything about your complaints as they feel the issue is being addressed and they leave scheduling up to the store manager ( I assume).   The manager has the right to schedule his employees as needed.   So, the HR and district managers will not step on his toes and make him "Change"  to meet your request.  If they did this,  they would undermine the manager and I'm sure anyone else who did not like their work schedule would just do what you did.  In this case,  why have a store manager ?

So, you need to make a better appeal to your manager-  he is the one who can accommodate you; or not.    ALSO-  it is possible you and the company can both try to work something out as EVERYTHING  is negotiable-- maybe you can also agree to work every other weekend or go to church on a different day or evening.  Nobody is telling you not to go to church,  but you may need to change and go at a different time.    The job needs you there......

Flexibility needs to be on both sides-- and remember-  CHANGE  is  constant.    You and every employee must be ready and willing to change for not only your work, but economic and life conditions as well.      

I hope this helps-- although not the answer you may have been looking for.

Brian Phillips

---------- FOLLOW-UP ----------

  Thank you for your Holiday wishes.
  I'm not happy with what you say but I'm confused. I went to the Federal Department of Wage and Hour Division. I looked at Fact Sheet #68. In a nutshell, it says:
  "A full-time week is 40 hours per week, unless the employer can demonstrate that less than 40 hours per week is full-time employment in its regular course of business. (It isn't.) In no event would less than 35 hours per week be considered to be full-time employment."
  What am I missing?? Have a good weekend and "talk" to you Monday unless I hear from you over the weekend.

Hi Skip,

I often give information that goes against what people hoped to hear; but I'm telling you as it is from my experience.  You said you found FLSA  Fact Sheet # 68 and it is supposed to explain what constitutes full time employment.  If you read more in detail there, you will see the context of that information applies to  H-1B Visa holders.    I assume you are not a H-1B Visa qualified employee.    If you are, then tell your employer you want full time.

Check out this link to learn about H-1B Visa:

So, what I wrote and explained earlier stands on it's own merit and is correct-- trust me.    In fact, if your employer should change policy tomorrow and make working 30 hours count as as "full time"  then it would be so.  period.  Or maybe they would make working 33 1/2 hours full time.    If your employer designates anyone working less than 40 hours as part time, then that is set as well.  So, in this case, if less than 40 hours is part time,  and you work 39 .25 hours a week,  guess what-- you are part time according to company policy.

Of course as we know, I dont have access to your company policy, but check it out in your employee manual if needed..  It should be clearly defined what is full or part time.

Your original question didn't seem to have any concern for what is full or part time.   If you have a new and separate question,  please submit a new question rather than build onto this email string. So, again,  full or part time hours worked definitions are up to the employer to decide for the most part especially if they want less than 40 hours to be considered full time status.

Thank you and have a good night.

Brian Phillips

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Brian Phillips


Foreign and US university students -*PLEASE*- DO NOT waste your time asking for my opinions, comments or analysis of your homework questions. Homework questions are not answered and are rejected. I am happy to help answer questions asked by employees and employers regarding United States based state and Federal wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, discipline, terminations/quits, unemployment, HRIS rollout, Employee Leasing or Staffing company cost analysis, day to day scenarios, work situations and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA".


At Harvis, Inc., we provide Human Resource products, services and advice to small businesses that may not have the time or resources to hire a full time HR department. For larger companies with HR managers in place, we compliment their expertise to help with time consuming or time sensitive projects like updating policy manuals, screening and interviewing and more. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing agency with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

* President 2006- Harvis Inc. HR Services * President 2010-13 Business Association of the Greater Shickshinny Area - Shickshinny PA * President 2013- ShickshinnyForward Not for Profit Community Long Term Revitalization Organization and former member of varios Chambers of Commerce and HR Taskforce, former President of NBC Business Club 2 years

Bloomsburg University - 1993 BS Marketing, Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration, Nanticoke Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

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