So, around a year ago, I left a major retailer as a Store Manager. I had an amazing lead, with me for 3 years, and there was absolutely nothing the guy couldn't do. He was my partner in every aspect. After I left, he ended up transferring to a store in So Cal as a Part-time Under associate. This comes with a 15 hr a week max.
Recently, we've been in touch, commiserating over our lives as we used to, and he let's it slip that he rarely has a day off. Immediately, I'm confused as he is PT-U, and he should have plenty of days off. He tells me that they have been working him 30+ hours a week for the last year/year and a half.
As far as I was aware, it was illegal to work a PT-U beyond their max for X amount of consecutive weeks. It's been a while, so I can't remember the cut-off, but this particular company always made us hire everyone as Seasonal, so we could max out their hours to 40 and avoid the violation. It always drove me nuts. As far as I was aware, if a PT-U works over their max hours for X amount of time, the company was legally obligated to offer them a full-time position and provide them benefits. Especially in California.
Maybe things have changed in the time I've been away, but when I was there, it was always a very strict rule we had to follow in order to avoid violation. I've been Googling and googling, but I can't quite find an answer.
Am I wrong, or are they violating labor laws?