Job Classifications In West Virginia

[blathma]

Hello, There are no federal labor laws about how many hours one can work and still be considered a part time employee, but what about in the state of West Virginia?  Is it if someone works full time hours for 4 consecutive weeks or more, they have to be offered a full time position?

Thank you

[montgomery69]

The FLSA does not offer definitions of full-time versus part-time employment. It states that the definition is an agreement between the employer and the employee. Most states generally follow only FLSA rules when it comes to hours worked. Usually, the common theory is that if an employee works more than 32-38 hours a week on a permanent basis, the employee is classified as full-time. The operative word here is "permanent". As you have only worked full time hours for 4 weeks, such would not fit the definition of permanent; Therefore, the employer is under no obligation to define you as a full-time employee.

Shannon M. Reising, MSP, PHR