Chicago, IL asked in Employment Law for Illinois

Q: I have been hired as part-time but been asked to work 40 hours/week for 2 years without any benefits. Is that legal?

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1 Lawyer Answer

A: Federal law does not require employers to offer benefits (such as insurance, retirement plan, PTO, etc.). However, federal law does require you to be paid at least minimum wage for all hours worked, and overtime for all hours worked over 40 in a week (if you're paid by the hour). If you're being paid properly but aren't being offered benefits, you should reach out to your supervisor and/or HR department in writing and explain that, since you've been working full-time hours, you'd like to be eligible for benefits like other full-time employees.

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