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Can employer control what you do on your breaks

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  • Can employer control what you do on your breaks

    I would like to know if my employer can keep me from smoking on my breaks. I already do not receive a lunch/meal break because of the nature of the business. I work graveyards and in an enclosed locked area and work with the public through a night window. My company policy states that the doors must be locked at 10pm (the start of my shift) and not unlocked until 6pm (the end of my shift). I read in the NRS covering the Nevada Clean Indoor Air Act that an employer can designate a "smoking break room".

    My question is if my employer chooses to not designate a smoking break room, can they force me to stay inside for my breaks where I as a smoker can not smoke?

  • #2
    Smoking is not a legally protected right. The employer does not have to allow smoking on his premises. If that means you don't smoke during the work day or on your breaks, then you don't smoke during the work day or on your breaks. There is no requirement that they allow you to go outside during your breaks, even to smoke.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      That is what I was afraid of. I don't think it would bother me if they hadn't allowed it for the last 14 months. It's one of those things that if I had known before I took the job I wouldn't have taken the job.

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      • #4
        Originally posted by aurian View Post
        That is what I was afraid of. I don't think it would bother me if they hadn't allowed it for the last 14 months. It's one of those things that if I had known before I took the job I wouldn't have taken the job.
        Jobs are pretty hard to come by these days.

        And, it may even be a state or municipal prohibition. Many more states and cities are enacting such provisions.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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