Overnight Shift Nebraska

[Notaboss]

Hoping someone can help as I'm finding very little under labor laws.
Ok, work is 10 hours (11 total if you count the one hour lunch shift) at a retail establishment as a night stocker.
The stores is closed to customers by 9 pm, when we come in. Just recently, they "locked" us in, with no ability to go outside and smoke (yes I am a smoker) and we have to stay in the building for the full one hour lunch break. I would rather work and leave an hour earlier then sit stuck in a building for a full hour. Does anyone know if this is legal?
Also, is it legal to not allow smokers the ability to smoke, but then still allow people that dip/chew to have their form of tobacco?
Thank you for your assistance.

[Betty3]

Yes, it's legal. If your employer requires you to take a one hour lunch break, then you must take it. You can be required to remain on the premises (in the building).

It's also legal to not allow smokers of cigarettes to smoke but allow others to use other forms of tobacco.

[Notaboss]

Thank you so much for clearing it up, Betty. Just wanted to know where I stand.

[FLHT]

I think Betty3 may be off a bit

48-212. Lunch hour; requirements; applicability. Any person, firm, or corporation owning or operating an assembling plant, workshop, or mechanical establishment employing one or more persons shall allow all of their employees not less than thirty consecutive minutes for lunch in each eight-hour shift, and during such time it shall be unlawful for any such employer to require such employee or employees to remain in buildings or on the premises where their labor is performed. This section does not apply to employment that is covered by a valid collective-bargaining agreement or other written agreement between an employer and employee.
Source: Laws 1931, c. 96, §1, p. 265; C.S.Supp.,1941, §48-215; R.S.1943, §48-212; Laws 1955, c. 188, §1, p. 536; Laws 2004, LB 382, §1.
Effective date July 16, 2004.
48-213. Lunch hour; violation; penalty. Any person, firm or corporation violating any of the provisions of section 48-212 shall be guilty of a Class III misdemeanor.
Source: Laws 1931, c. 96, § 2, p. 266; C.S.Supp.,1941, § 48-216; R.S.1943, § 48-213; Laws 1977, LB 40, § 275.

I would also talk to the fire marshall about them locking you in a building with no way to get out.

[Eng&SafetyMGR]

Any person, firm, or corporation owning or operating an assembling plant, workshop, or mechanical establishment

I don't see retail mentioned there, is there a clarifications and/or defintions page applicable to your source?

[FLHT]

This is all I had found while searching for an answer to another question I have. However myself I wouldnt be as concerned with the lunch break thing as I would about being locked in a building if a fire or other such disaster broke out.

[Eng&SafetyMGR]

Hopefully the OP comes back to clarify, but since he said "locked" in quotes I'm assuming that this is more of a policy lock in vs. a physical one.

I would think that retail doors would have panic bars that overide the physical lock from the inside as well.

[FLHT]

One would hope so.