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jent2009 · Mar 16, 2009, 03:42 PM

I am trying to find out how smoke breaks are affected by labor laws. I am an office manager who has been recently told that it seems to be discrimination that employees who smoke are allowed to take as needed smoke breaks on the clock, but there are no provisions for similar breaks to employees who do not smoke. Any assistance as to how to answer this question to employees and what to advise my employer of any changes in company policy that need to be made would be greatly appreciated.

excon · Mar 17, 2009, 05:59 AM

Originally Posted by jent2009

I am trying to find out how smoke breaks are affected by labor laws. I am an office manager who has been recently told that it seems to be discrimination that employees who smoke are allowed to take as needed smoke breaks on the clock, but there are no provisions for similar breaks to employees who do not smoke.

Hello jent:

I don't know about labor laws, but your policy is discriminatory on it's face. Pass a policy that treats ALL your employees the SAME. Same breaks, same lunch hour, same ability to smoke or not.

That'll STOP your troubles.

In fact, I'd take it even further... If you pay for your employees health coverage, I'd demand that all your employees QUIT smoking.

That'll PUT money in your corporate coffers.

excon

Synnen · Mar 17, 2009, 06:04 AM

I've NEVER worked for a company that had "as needed" smoke breaks. God, I wish!

Most companies follow their state labor laws, which are easy enough to look up and should be posted. In most places that's two 15 minute breaks and a lunch for working 8 hours.

JudyKayTee · Mar 17, 2009, 08:22 AM

Originally Posted by excon

Hello jent:

I dunno about labor laws, but your policy is discriminatory on it's face. Pass a policy that treats ALL your employees the SAME. Same breaks, same lunch hour, same ability to smoke or not.

That'll STOP your troubles.

In fact, I'd take it even further... If you pay for your employees health coverage, I'd demand that all your employees QUIT smoking.

That'll PUT money in your corporate coffers.

excon

Absolutely agree - employer has set up two classes of employees (smokers/non smokers) and the classes are not treated in the same fashion.

This would be the same as allowing married people to take breaks but not allowing single people to take breaks.

Yes, this is a discriminatory policy.

twinkiedooter · Mar 17, 2009, 05:19 PM

Either everyone takes a smoke break (whether they smoke or not) or no one takes a smoke break.

I worked for a company that allowed smoke when you wanted to breaks. I don't smoke but I took advantage of this "break" if I was not busy and spent time away from my desk. No one challenged me. If I had a busy day I just didn't drop everything to go "smoke" like the smokers in the office did.

Fr_Chuck · Mar 17, 2009, 05:41 PM

Correct, one set of employees can not be given additional breaks over non smokers. In fact you could expect the non smokers to consider a law suit for pay for all the additional breaks they have been denied.

Normally there are no extra smoke breaks, smokers just have to wait to normally scheduled breaks to smoke, And many places are even going smoke free, no such things as smoke breaks.