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Federal law does not require that employers give employees breaks; however, it does regulate whether employees must be paid for breaks. Since most workplaces are smoke-free now, employees are required to use designated smoking areas which means leaving the office and sometimes even the premises. Typically, employers give employees 10-15 minute smoke breaks during the day.
The law requires employers to pay eligible employees for all breaks of twenty or less minutes. Therefore, the short smoke breaks are compensable. This means that they are counted as hours worked for the purpose of overtime. For employers who choose to give their employees smoke breaks, it is important that the amount of time is clearly defined so that any unauthorized extension of the break need not be counted as hours worked. As appeared in: Pittsburgh Business Times, 7/18/2014. Every time an employee steps away from his or her work station to take a smoking break, the employer is paying for unproductive time. There is no state or federal smoking break law.
Employers are not obligated to give workers time away from their workstation, to smoke. Many companies provide their workers with one 30 minute lunch break and two fifteen minute coffee breaks per 8 hour shift. The employees may smoke during these breaks if they wish, but the employer is not required to provide additional smoking breaks. Install Mpi On Windows 7 there. The truth is the employer is not required to provide any smoking breaks, ever. There is no federal law or state law which mandates a company to provide workers with smoking breaks. A handful of states have rest break laws that apply to all employees.
However, these laws do not provide additional breaks for smokers. In most state, employers don’t have to provide breaks, period. Any company can require any worker over the age of 18 to work 12 hours or more without a break. It is within the company’s legal rights to do so, because there are no laws, federal or Federal which obligate companies to provide breaks for their employees. Smoking breaks are becoming more and more of an issue. Many laws prohibit smoking indoors in a work environment, so smoking employees must step away from their workstation and out of the building to smoke. According to the Fair Labor Standards Act of 1938, employers must pay for any break shorter than 20 minutes, and for any break where an employee can be called back to work.
So, in theory, if an employee wanted to take an additional smoking break, the employer could require that worker to take at least 20 minutes and clock out during that time. Marie Force Collections Epub. Few companies follow this procedure. If they did, they would also have to provide additional breaks to non-smokers, which would mean more people would be away from work more often.
Instead, companies usually request that smokers follow a set of guidelines. First, limit the number of smoking breaks to 3 to 5 per 8 hour shift. Second, the worker is asked not to spend more than ten minutes on each break. Since the company is under no obligation to provide any smoking breaks at all, employees would be wise to conform to their employer’s guidelines. • - April 20th, 2011 • - April 19th, 2011 • - April 18th, 2011 • - April 15th, 2011 • - April 14th, 2011 • - April 13th, 2011 • - April 12th, 2011 • - April 11th, 2011 • - April 8th, 2011 • - April 7th, 2011 This entry was posted on Tuesday, June 16th, 2009 at 6:14 am and is filed under,. You can follow any responses to this entry through the feed. You can, or from your own site.