Van Nuys, CA asked in Employment Law, Workers' Compensation and Employment Discrimination for California

Q: When should you be offered regular part time?

At my job we don't have "seasonal" but "part time recurring" instead. These employees are not considered regular, how long are until they become regular? Some of these employees work more days than the regular employees as well. Additionally, some have been with the company for years and are supervisors but are still "part time recurring".

They officially state that "part time recurring" is when they are busy and need more employees working but often almost the whole staff but the managers are "part time recurring" on any given day or week.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct.

Good luck to you.

Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: Unfortunately, you have no remedy before the Workers Compensation Appeals Board.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.