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California--automatic upgrade to full time

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Post  charlikscott Wed Jan 28, 2009 3:39 am

i'm asking this for a friend here in LA. Jist of the sitch. He works retail and is currently part time. however for several weeks straight he was working 30 hours and up, which for his company is 'full time'. it is our understanding that under Cali law if you work 'full time' consistently for an extended period, your employer has to upgrade you to full time and give you whatever benefits received by that status etc. But what exactly is 'an extended time', is it a month, two months, six months. is there any guidance on this. He wants to go to HR about the issue but before he does he wants to be clear on the issue or he'll just piss them off and get no where.

thanks

charlikscott

Posts : 19
Join date : 2008-10-11

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Post  JoeC (McGruff) Wed Jan 28, 2009 11:42 pm

Hi Charlie long time no see, to my knowledge no such law exists.
Below is a link to California's labor code I streamed through it and found nothing like that.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20
JoeC (McGruff)
JoeC (McGruff)
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Post  charlikscott Fri Feb 13, 2009 7:33 pm

JoeC (McGruff) wrote:Hi Charlie long time no see, to my knowledge no such law exists.
Below is a link to California's labor code I streamed through it and found nothing like that.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20

i know I have seen something about it. maybe it's Federal and not Cali. He has also. Something set up to keep employers from hosing employees by working them like full time workers but calling them part time to avoid giving them benefits. I'll keep looking around and if I turn up anything I"ll post it

meanwhile I"m still looking for lawyers for my thing. if anyone has any other suggestions not previously mentioned (for the Los Angeles area)

charlikscott

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