Is this legal or not - 3 question in one post - It's Long

Need to know if this is legal 

I have been working for an alarm company for 6 months, my job duty is to dispatch on alarms. When I was hired I was never told that I was a part time employee. For the first two months I worked 40 hours a week two 8 hour shifts and two 12 hour shifts. Then my schedule change to 32 hours a week with me coming in two day working only 4 hour shifts and two 12 hour shifts. I met with the scheduling supervisor mentioning to her in a brief conversation  in regards to an explanation of why I lost 8 hours and if I could combine the two 4 hours shifts to a day shift to help with saving gas. She didn't give me an answer, about 30 minutes later I received an email from the scheduling supervisor stating “I know you had said that the 4 hour shifts are not favorable because of your travel time so here is what I can do for you, I received another schedule losing another 8 hours with me working a total of 24 hours. She took both 4 hour shift away. I didn’t understand her method therefore I questioned why I lost 8 hours when I was only inquiring putting the two 4 hour shifts making them and 8 hours shift to save gas. We discussed this at lenght however I realize that I wasn't getting anywher and left it along, Then I was told that when I was hired I was hired as a part time employee and not a full time employee. I left to assumed that is why I lost hours. I never sign any document indicating that I was a part time employee. So here’s my question, is this legal to just say that I’m part time and don’t have anything in writing. Afther that  I learn that I was not going to qualify for benefits because I was a part time employee. At the time of hire I was told that after 6 months I would be eligible for benefits, now learning no so.

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I would also like to ask is it legal to have an employee work 8 hours without a consistent 30 min break. Well let me explain a little more. We are allowed to go to the restroom and straight back, if you smoke you are allow to go and smoke and straight back, when it come to lunch you can order out go to the back door pick it up and back or go to the microwave warm up your food and back. You eat while you are working; there is no 30 min lunch break for an 8 hour shift. Recently we received an email that indicated “Should you need to get up and leave the area to warm up your food, wash your dishes, use the restroom or take a cigarette break be courteous and let everyone know that you are leaving the area for a few minutes and for what reason. When you get up, simply let as many free operators and your supervisor know.”

Then in bold letters it says

EX:

“I am going to the restroom I should be back in 5-10 minutes”

“I am going to have a cigarette break; I will be back in 5 minutes”

“I am going to get breakfast/lunch/dinner I will be back in 5 minutes”

 Then in bullets’ it says

• Unless it is an emergency, please make sure your supervisor is aware you are leaving (This is okay commend sense)
• Please try to get up for one meal.
• Please try not to be away no longer then necessary
• Try to take care of everything at one time.

Help me understand the law, I’m aware that companies can create there own rules but I do believe there is something in reference to in the state of Florida that a lunch break is required. Breaks are not required but lunch is. Also I was not made aware of this prior to my hire date; I thought it was the law until I started working here.

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 Here’s another, there are a lot of college students that work for this company and they are part time. There are a few full time employees and some employees who work another full time job and work her part time. Well recently I was offered a full time job with another company and I accepted the job however I wanted to continue working for my current part time job with this company. On my day off I went to the my job and I met with my supervisor to notify her in advance of the opportunity with a full time job and stated that I wanted to continue working with the company. I did this therefore if I was not going to continue to be able to work I would have given her enough notice time of my departure. My supervisor stated to me that she needed to get with the person that is working with the schedule to see what she can do with the hours I’m requesting.

 My normal hours are 4 pm to 12 pm and I’m requesting to come in at 7 pm to 12 pm. Let me just say that I’m a part time employee who sometimes work 40 hrs a week. Well when I reported to work 3 days later as my work schedule required, my supervisor didn’t say anything to me when I clocked in so I sent her an email do to the fact that they like to do emails for documentation reason. The emailed asked her when she thought she would know about my schedule change as well as I thanked her for working with me on this. The next day I received a response indicating “as of right now” “This week's scheduled as normal and next weeks hours were changed for my new job.

After I read over and over the email the wording “as of right now” kept standing out. Therefore I emailed the scheduling individual and cc: my supervisor, asking when would there be a scheduled worked out for me in regards to my new hours and set days to come to work. Well she didn’t email me back, she called me on the phone and stated that “she was not sure when and that the supervisor didn’t know what she was going to do yet”

From what I have stated thus far my question is, I feel and I do realize that feeling has nothing to do with it because nothing has happen yet. But I wonder it they don't allow me to work as a part time employee that they say that I was hired as would this be considered discrimation.  However I do feel that I’m being discriminated against. I’m the only African American that works for this company. They are currently hiring new employees who already have full time jobs and allowing them work time. I am a 6^th month employee do not understand the reason I’m being put off and can’t get a strait answer weather I'm going to be allowed to continue my employment here. Well today which is the 5^th day I came in determine to get an answer from my supervisor. Well all she said to me was “my schedule is like a checker board and it would be hard to fine someone to cover two hours of your shift” then she said in a laughing tone, why don’t you asked your new job to let you leave early to be here on time. I really don’t know what to do at this point. I feel that they kept me on the schedule next week to benefit them. I feel a little used. It also appears that they really work hard to work out what ever schedule for the college students and that is where I feel the discrimination is playing apart and possible because I’m African American.

 (Should I just resign and leave it along or what?)

DUPLICATE POST.

There's no law that establishes part time vs. full time for any employer.  What the law says is that if you are a non-exempt employee, you must be paid for any hours worked over 40 per week.  Only a handful of states require employers to offer any benefits, and Florida is not one of them.

Florida has no law requiring breaks of any kind.  What the law says is that breaks under 20 minutes must be paid if you are a non-exempt employee.

There's no law that requires the employer to keep you on part-time after you've found another full-time job.  If you feel that you are being discriminated against on the basis of your race, your recourse is to file a compliant with the EEOC.

Thank you, for reading my long post. Typing it made me feel better, it was like a big weight was lifted off me.

Let me say that in reference to telling them about the new job I wanted to be nice and up front and was kinda hopeing they would be happy that I was able to fine a full time and wanting to stay as a part time employee(bad move)

I would like to share with you that my part time employer has decided to keep me, however they didn't make it easy for me. Let me; let you laugh with me, It's kinda funny to me because I realize that there is nothing I can do about it. I can stay and accept the schedule or leave (move on) with my new job. Well let me tell you what they did for me. My schedule use to be Wed, Thurs, Friday, Sun  4pm-12midnigt . At my new full time job I work Mon, Tues, Wed, Thur, Fri 8am-5pm. Well this is what my part time job did for me my schedule now is Mon, Tue, Wed, Thur, Fri 6pm-12midnight. Leaveing me just enough time to drive from one job and get to the other. Someone said in another response to my post that the company can do there schedule any kinda way they want. Guess what "that is what they did" If I decide to stay I'll be working 14 hrs a day that will soon wear me down. I'm gonna give it a try, this is my first week and everything going good so far. Have Not Gotten Tired Yet

Thanks Again

1. There is no requirement that you agree to be part time. And even if you are hired full time you can be changed to part time.

2. To the best of my knowledge FL does not require a meal break

3. They have no obligation to accommodate your request for a change in your schedule.