Legal Question in Employment Law in California
Denial of company benefits
After 7 months of being paid as an independent contractor, my employer has moved now hired us on regular payroll. Now that I am an employee, I am still denied any employee benefits (health insurance, PTO, etc.) My employer uses an outside HR company to handle payroll & benefits and states we are actually employees of the Hr company. In their employee handbook, it clearly states that any employee working 30 or more hours are eligible for benefits. I work 40 consistently. I have contacted the HR company who says I have been classified as part-time, yet scheduled to work 40 hours and have told me to contacted my manager. I have brought this to the manager's attention but they ignore the requests. Is it legal to deny benefits to hoursly employees but offer benefits to salary employees?
2 Answers from Attorneys
Re: Denial of company benefits
Unless a contractual arrangement exists an employer can provide benefits to whomever and at whatever rate they may wish. I know of no law that makes benefits an entitlement.
Re: Denial of company benefits
Your facts seem to show you are still not a direct employee of the co, but of the HR co. That is common, and legal. Any benefits are based on the HR co rules and deal with you. consult a local attorney if you aren't sure.
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