Are Pay Stubs required to list Employee Type(PT, FT, Etc)

[zebracolors]

Right now I'm just wondering if my current employer is miss classifying me in regards to eligibility of benefits. I know this may not be the ideal forum to find this out, however I just thought I would throw the question out in case anyone here might have some insight.

 

I know that as of the end of July my hours increased to 40 hours a week, (m-f, 8-4) which I understand might depend on local state DLLR regulations. SoI'm trying to find out, just to be sure whether or not I am being miss classified.

[carhill]

IIRC, they're required to keep a record of your hours worked for three years after the work was performed.

 

For other aspects of Maryland statute, in excess of 35 hours per week is considered full-time.

 

Using your numbers, 8-4, if you got an hour unpaid lunch every day, your hours wouldn't be in excess of 35. Here in Cali, most hourly workers get either 30 minutes or 1 hour unpaid 'mealtime' during a full-time shift. YMMV. Maryland evidently doesn't require employers to provide meal breaks to employees 18 and over. More on that at the document linked below:

 

http://www.dllr.state.md.us/labor/wagepay/mdguidewagepay.doc

 

Do you have an employee manual or handbook?

[Got it]

Misclassified how? Benefits can be set up by number of hours worked weekly so your company may vary based on how the benefit plans are set up. This will only be allowed until 2015 and then it will be based on the ACA guidelines of 30 hours a week being full time with a certain look back period evaluation. Do you have an HR department? Go and talk to them.

[d0nnivain]

I don't think it's required to be posted on your paycheck but if you are a FT employee working 40 hours per week you have certain rights under state & federal law.

 

I'd call the hotline for your local dept of labor, division of wage & hour. There should be someone there you can ask.

[pink_sugar]

32 or more hours per week is considered full time in most places. Benefits for full time employees are paid per company policy. A lot of companies will try their best to give just below the minimum requirements for full time to avoid paying out benefits. I worked for a unionized company, so the company was required to pay certain benefits for those individuals working full time. I do not think it is required to list on a pay stub though.

[zebracolors]

Thanks Carhill for finding that for me:), I don't have the employee handbook, but I'll take a look at that document.

 

32 or more hours per week is considered full time in most places. Benefits for full time employees are paid per company policy. A lot of companies will try their best to give just below the minimum requirements for full time to avoid paying out benefits. I worked for a unionized company, so the company was required to pay certain benefits for those individuals working full time. I do not think it is required to list on a pay stub though.

 

Thanks for the insight Pinksugar. True as Carhill pointed out I had not taken into account the lunch breaks, which are only 30 minutes where I work. But if you're saying that 32 hours/week or more constitutes full-time hours, even if lunch breaks are taken out, that still leaves me working about 38 odd hours per week. And even when I started in 2010, I was averaging about 30-32 hours/week (for the 3 years I was taking classes) before my ours increased this August.

 

Got it, I plan to contact HR, but not until I have something to present if they are in fact exploiting me. So what I have to find out from the EEOC, is what constitutes full time hours in my state, and if its ok for a corporation to dictate that an employee must have worked accrued so many hours this year before he/she is eligible for benefits in 2014. I know, sounds strange right? Thats what I was told when I brought up the issue that my hours per week had increased.

[Got it]

Thanks Carhill for finding that for me:), I don't have the employee handbook, but I'll take a look at that document.

 

 

 

Thanks for the insight Pinksugar. True as Carhill pointed out I had not taken into account the lunch breaks, which are only 30 minutes where I work. But if you're saying that 32 hours/week or more constitutes full-time hours, even if lunch breaks are taken out, that still leaves me working about 38 odd hours per week. And even when I started in 2010, I was averaging about 30-32 hours/week (for the 3 years I was taking classes) before my ours increased this August.

 

Got it, I plan to contact HR, but not until I have something to present if they are in fact exploiting me. So what I have to find out from the EEOC, is what constitutes full time hours in my state, and if its ok for a corporation to dictate that an employee must have worked accrued so many hours this year before he/she is eligible for benefits in 2014. I know, sounds strange right? Thats what I was told when I brought up the issue that my hours per week had increased.

 

Who told you that? FMLA is calculated like that but benefits aren't normally. If it wasn't HR I would just ask them that question. It should be spelled out in your handbook, who is eligible for benefits and based on what perimeters. You need to check your handbook for schedules as well. We are not a MD based company but follow our state law of either 1 hour for lunch or 30 minutes with two 15 minute breaks. HR/Benefits department can really break this all down for you. I would talk to them first. A company isn't obligated to offer benefits to any employees and has a pretty wide berth on the eligible group. As long as everyone is following the same set up in the company (that you are being treated differently) then it is most likely legal.

 

If you are in MD, go to the local Department of Labor and ask them. But most agencies are going to ask you if you talked to HR. I can't stress enough how I would go to them and ask your questions. See what they say and then you can figure out next steps.

 

We have multiple eligible groups (based on different entities). In one, anyone is eligible based on them working more than 32 hours. If they work less than that, they are eligible but a different pay structure.

 

We also have a carved out group of owners that have their own benefits plan based on their title and family relation.

 

Another entity is based on job titles and working more than 35 hours. The 35 hour rule will change to 30 hours January 1st, 2015 in compliance with the ACA. We used to do it based on classification of salaried or hourly but have adjusted that based on hourly management now.

 

 

You need to know the logic on the group set up which HR can provide. Then you can look at if you fall inside or outside of the perimeters. If you are inside and are not offered benefits then it is discriminatory and definitely an issue that you need to go down.

 

How many hours you work may not be germane to this issue unless benefits are set up with that qualifier. Again, you won't know that unless you talk to HR.

 

My company is in 20 of the 50 states and adding on 4 more in 2014.