Can an employer split your time to avoid giving you benefits?

If your work for one company, doing two jobs with separate pay scales but ultimately working a full 40 hours a week, doesn't that make you elegable for benefits? Does the employer have the right to deny you such benefits because each position is part-time?Can an employer split your time to avoid giving you benefits?
In my opinion, you have a full time, 40 hour pr week job. The employer is merely ';reassigning'; you from one task to another.


Failure to provide full time benefits may be discriminatory.





Talk to the Human Resources Department, if any. If not, file a complaint with the Department of Labor for your State, and since, I suspect that there are other employees similarly situated, the National Labor Relations Board to inquire as to your rights.Can an employer split your time to avoid giving you benefits?
Yes...more than likely if it's two completely separate part time positions. A lot of companies these days will only give up to 35 hrs (or less) on ANY job they offer to keep from having to pay benefits. I'd try to find a full time single position in the company if I were you...or start looking for another job. Benefits are too important..can't go without them these days. Good luck!
First, each company establishes what is full time and part time. There is no law that 40 hours a week = full time.





Second, each company decides who will get what benefits if any at all based on whatever factors they want as long as they are not illegal discrimination. Most are typically consistent with who is awarded what as most carriers won't insure unless there are narrowly defined eligibility requirements. Plus, consistency in awarding benefits is good business (happy employees = productive employees).





The summary plan description (legal document) of each benefit will tell you if your are eligible or not, as will the plan administrator (usually the highest level HR or accounting professional at a company). If the company is not going by their own summary plan description they may be in violation of ERISA (The Employee Retirement Income Security Act of 1974). Key word is MAY.





My suggestion is to inquire about eligibility requirements for benefits with the actual plan administrator. Ask for the summary plan descriptions as well. If you need assistance interpreting these documents shoot me an email, I would be happy to help.
Usually it totally depends on your contract, but 2 different jobs in the same company is unusual. I would contact the state labor board for your state and ask them the question. Your state may require benefits in that circumstance but the employer my not be aware.
It sounds to me like he's hired you for two part time jobs. I think probably that he could deny you benefits based on that fact, however the State you live in should have a labor relations department and you could run it by them. Good luck.