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Full time status laws in Wisconsin? Wisconsin

On Lawyer & Legal » Employment & Labor Law

4,933 words with 2 Comments; publish: Sat, 11 Jul 2009 10:13:00 GMT; (800140.63, « »)

I'm asking just out of pure curiosity, not because I'm interested in annoying my workplace. My workplace has part time employees that work 1700 to 1900 hours a year. They often put in more hours than the full time people. The difference is the performance rating of the employees. All employees in question are paid by the hour.

This paragraph probably has nothing to do with law, but for your entertainment and context:

The performance rating is half "productivity" and half "behavior" rating including joining job place committees. Half of the full time employees have very good production rates, and other half only have as higher rating than many of the part time employees because of their committee activities. On the other hand we have a part time employee that has a production rating of 118% of normal full time rate, but is only considered an average employee because of average status of her behavior ratings. To put that in perspective most full time people don't achieve 110% production rate. And full time people lose their status if they maintain a rate below 100% production rate. I'm part time at 98% myself.

So out of curiosity what are Wisconsin's laws about the number of hours a part time and full time people can put in?

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  • 2 Comments
    • Your state is not my state, so this is going to be a very soft answer. In my experience, the feds do not care at all about full time vs. part time. Most states also do not care at all, and those very few states that do, tend to either not care very much or they care in a very narrow sense of things, such as a certain number of hours worked per year might be interesting for benefit purposes. I have never heard of any state with very general rules about how many hours a so-called part time employee is allowed to work, if that is what your question is.

      HOWEVER, part time vs. full time is often of interest for benefits only, not because the feds or states wrote some law that mentions part time, but rather there are often rules that certain types of benefit plans must be in writing and that horrible things happen to employers who violate the wording of their plans. I worked for a manufacturing company in the 1980s who took a $250K penalty hit on their 401(k), mostly for part time and temp handling. The problem is not that the plan could not have been written in such a way to exclude temps and part time employees. The problem was that the actual plan WAS NOT written that way, the employer failed to hard comply with the plan as written, and very bad things happened (including the whole HR department being replaced).

      So maybe someone will know of some WI part time law. Possible, but not likely. It is however worthwhile for you to look at your company's benefit plans, especially 401(k) and employer provided medical. This two types of benefits are ERISA (federal law) level benefits that must have a formal written plan and for which BAD THINGS happen to employers who violate their plan rules. Other types of benefit plans may or may not be of interest, but these are generally non-ERISA level benefits where a pre-condition of something good for you is generally a really dumb employer who accidental wrote a benefit plan in such a way as to trigger your states contract law rules. Most company policies are not legally binding contracts and smart employers have their policies legally vetted to make sure that this does not happen. And even very dumb employers often manage to accidental write policies that are not legally binding contracts.

      #1; Sat, 11 Jul 2009 11:00:00 GMT
    • So out of curiosity what are Wisconsin's laws about the number of hours a part time and full time people can put in? There are none, although as DAW points out, these employees may qualify for participation in the employer's retirement plan and group health plan because of the number of hours they work.

      The performance rating is half "productivity" and half "behavior" rating including joining job place committees. Half of the full time employees have very good production rates, and other half only have as higher rating than many of the part time employees because of their committee activities. On the other hand we have a part time employee that has a production rating of 118% of normal full time rate, but is only considered an average employee because of average status of her behavior ratings. To put that in perspective most full time people don't achieve 110% production rate. And full time people lose their status if they maintain a rate below 100% production rate. I'm part time at 98% myself. Obviously your employer wishes to encourage participation in these job committees. Nothing illegal about that.

      I'm not sure what you mean by "behavior ratings" (job committe participation or she's difficult to work with?) Either way, rating someone's overall performance lower for either reason is legal.

      #2; Mon, 13 Jul 2009 07:48:00 GMT