Legal Question in Employment Law in California
My job status is on-call. However for the past almost year and five months I have work 39-40 hours a week. Does that make me a full time employee under CA state law? Or does that mean that my employer can still walk all over me and not pay me benefits, holidays, sick time, and vacation time (like all of their full time employees)?
1 Answer from Attorneys
There is no law that full time employees must get benefits, holidays, sick time or vacation time either. So it is irrelevant whether you are a "full time" employee or not. There is also no law that says even the same two people doing the exact same job both have to get benefits, etc., unless it is discrimination based on a protected classification, such as race or gender, or in retaliation for protected conduct, such as being a whistle blower or filing a labor commission complaint.