Moore & Associates are employment lawyers in Houston, Texas who can assist part-time workers who believe they have suffered wage violations, discrimination, or harassment. If you believe you are owed unpaid overtime or have suffered sexual harassment or discrimination on the job, and wonder what your rights are, Moore & Associates are Houston, Texas employment lawyers who fight for the rights of part-time workers. Part-time workers have the same rights that full-time workers have when it comes to wage protections and protections against sexual harassment and discrimination on the job. Part-time workers also have rights when it comes to safety on the job. Employers must provide part-time workers the same kind of safety equipment and safety training they would provide full-time workers.
The only distinction between part-time workers and full-time workers is that full-time workers generally are entitled to receive benefits, like health care benefits and retirement benefits, while part-time workers are not entitled to these benefits. Under the law, each employer has the right to decide which workers it will designate full-time and which workers it will consider part-time. If you have questions about whether you are being properly classified as a part-time worker and wonder whether you may be entitled to receive additional benefits, consider speaking to Moore & Associates, an employment lawyer in Houston, Texas today. We can review your situation, help you understand if you are being fairly classified, and assist you with protecting your rights.
Should I Be Considered a Full-Time Worker in Houston, Texas?
One of the questions workers might ask if they are classified as part-time workers is whether they should be classified as full-time workers under the law. While each business has the right to determine for its own purposes which employees it will consider full-time and part-time workers, and while each company has the right to designate its own set of hours for each of these employees, companies may face certain tax penalties or receive certain tax benefits for providing benefits to workers. If a company has workers who put in the equivalent of full-time work, but are designated as part-timers, the company may face a penalty if it doesn’t provide this number of workers full-time benefits. At the end of the day, it’s really up to your company to decide which workers are full-time and which are part-time. However, a company must be consistent in which workers it considers full-time and which workers will be part-time, and a company cannot use full-time or part-time status to discriminate against certain employees.
Do you know what standard your company uses when differentiating between full-time and part-time workers? Your company should clearly make this distinction in your employee manual or handbook. This should specify what benefits full-time workers receive and also specify how many hours full-time and part-time workers are required to work. If your company doesn’t have clear policy, you may want to ask your company to provide one in writing.
For example, if you think that your company is using discriminatory practices in calculating which workers are full-time and which are part-time, you could have an employment law discrimination case. Take, for example, a company where all the women are designated part-time workers and all the men are full-time workers, or a company where all the younger workers are full-time, while all the older workers are part-time. If you think this might be happening at your company, you may have the right to seek damages for discriminatory practices. Contact Moore & Associates, employment lawyers in Houston, Texas today to learn more and to protect your rights.
What Benefits Must Be Provided for Full-Time Workers in Texas?
If you are a full-time worker in Texas, you may also be entitled to receive benefits in addition to your salary. For example, under the Family and Medical Leave Act (FMLA), full-time workers are entitled to receive up to 12 weeks unpaid leave during which their job is protected if they need to take time off to care for a newborn, an adopted child, or a sick family member. Under FMLA, workers may also be able to take up to 12 weeks unpaid leave to heal if they get ill. During this time, the worker is still entitled to collect employee benefits. If the worker leaves the job after the 12 weeks, he or she may also be able to continue to pay for employee benefits herself or himself under COBRA.
Additional benefits may include retirement benefits, disability benefits, paid time off, health care coverage, dental and vision coverage, and other benefits. Some states may require that workers receive disability benefits. All workers are entitled to receive Social Security and Medicare taxes paid by the employer. Under Texas law, if you work 1,000 hours in a 12-month period (what the state deems is the equivalent of more than part-time work), you must be given the option to join the company’s retirement or pension plan. Additionally, if you work at least 30 hours each week, you will be entitled to receive health insurance benefits.
If you are having trouble taking leave because you are having a child, because you have adopted a child, or because you need to care for a sick loved one, and you are a full-time worker, you may have the right to pursue a claim under the law. Moore & Associates are employment law attorneys in Houston, Texas who can help you understand what your rights are. If you have been fired because you took time off work to have your baby, care for your child, or to care for a sick family member, you may have the right to pursue a lawsuit to claim unpaid wages or lost wages. Contact Moore & Associates, employment lawyers in Houston, Texas today to learn more.
Full-Time or Part-Time Workers Have Rights
Whether you are a full-time or part-time worker in Texas, you have rights. For example, if you work more than 40 hours a week, you are entitled to receive overtime pay, regardless of whether you are a full-time or part-time worker. Moore & Associates are employment attorneys who fight for the interests of workers in Houston, Texas. Contact our firm today to learn more about how we can help you if you believe you might be owed overtime pay, unpaid wages, or believe you may be facing discrimination on the job. We are here to help.