PART-TIME POSITIONS

Part-time workers must typically comply with the same company rules, policies and procedures as full-time employees, including working regular stated hours. Most states define part-time workers as those who are employed on jobs with fewer than 40 hours per week. Most part-time workers are paid on an hourly basis and are not entitled to company benefits, such as extended vacations, company pension and profit-sharing plans, health insurance, and other benefits. Some states grant coverage to employees who work more than a stated number of hours (e.g., 25) per week. Under federal ERISA law, employees who generally work 1,000 hours in a pension plan year must be included in all appropriate company pension-plans that are offered to other similar workers.

Tip: Contact the nearest office of your state's Department of Labor to learn about all benefits that must be offered to you as a part-time worker. In some states, part-time workers must be paid overtime, vacations, lunch breaks, and coffee breaks like regular workers. Be certain you understand what benefits are/are not available before accepting a job to be sure the company complies with all appropriate benefits laws. If, for example, you do not qualify for medical benefits, inquire how much extra it would cost to be included in such coverage. You may also learn that the company will offer prorated fringe benefits, including shorter paid vacations, sick leave and life insurance, just by asking. Point out to the prospective employer that by offering you and similar part-timers prorated benefits, the company may qualify for cheaper group HMO and medical insurance rates.

Under the federal Equal Pay Act, part-time workers and temporary employees are not subject to strict rules that men and women doing the same job must be paid equally. Also, many companies not wishing to offer benefits required to be offered to employees under the federal Family and Medical Leave Act (FMLA) are exempt from that law when they employ a sufficient number of temporary, contract employees or part-time workers (defined in the act as those who work 25 or fewer hours a week) which reduces the number of full-time employees to under 50.

However, when companies use temporaries to supplement full-time personnel, the practice has been successfully attacked by unions on the grounds that bargaining unit employees are deprived of job opportunities and overtime.

As a part-time worker, you may be terminated for poor performance and are subject to the company's work rules and requirements like other workers. Your paycheck will reflect payroll deductions and taxes. All legal obligations owed by the company to its workforce, such as complying with safety (OSHA) rules and regulations, not making promises it does not intend to keep, and avoiding discriminatory acts, apply to you as well.

Tip: Negotiate the right to convert into a full-time position if your work skills are satisfactory or if the employer's needs or your needs change. Don't forget to discuss this with management where appropriate. Additionally, inquire if the employer will allow you and someone else to share a job that requires 40 or more hours of work per week. Some companies are offering job shares where circumstances warrant. The advantage of a job share is that these employees often obtain prorated shares of benefits normally available only to full-time workers. They also work flexible hours and have the opportunity to take time off during the workweek to meet family obligations, such as child care, or pursue other interests. Inquire if the employer has a job-share plan in effect if appropriate.

LEASED AND TEMPORARY EMPLOYEES

Leased and temporary employees work for the service firm supplying workers to the client company. Although they report directly to an employer, they receive their paychecks and benefits from the company leasing their services. Leased employees typically do not work at one job site for more than a fixed period (i.e., one year). Once a particular job is finished, they are then assigned to work at another company.

Counsel Comments: Although the Department of Labor reports that the use of temporary workers has surged 400% since 1982, statistics provided by USA Today reveal that temps earn an average 40% less per hour than full-time workers. Even though the vast majority (80%) work 35 hours a week, most do not have health benefits, pensions and life insurance and most temps are women. This has caused some commentators to point out that when you are a temp you are treated at a lower status despite the advantages of a flexible work schedule.

Although leased employees are obligated to conduct themselves in accordance with the work rules and regulations stipulated by the company for which services are being provided, they must ultimately answer to the leasing company hiring them. When a dispute arises, such as whether unemployment insurance is available after a layoff or firing, the issue may depend on the rights and remedies available against the leasing company and not the client.