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Old 06-13-2005, 08:56 AM
pcpoole pcpoole is offline
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Default Breaks for Salary workers

I may be wrong but are there regulations which state employees are to be given breaks for a certain amount of hours worked. As well as lunch.
Typically I am required to work from 8:30 to 5:30 I am supposed to get an hour for lunch but this very rarely happens due to one thing or another and often put in atleast 60 hours a week or more. Am I authorized by law certain breaks or compensation for my time I am a smoker and often get hasled about taking a break every few hours even though they are under 5 min.

Any comments are apreciated.
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Old 06-13-2005, 09:26 AM
LConnell LConnell is offline
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Default Breaks

Federal and state law do not require breaks or meal periods for adult employees. However, state employees may be subject to different rules. I couldn't find any mention of the state break policy online. You'll need to check within your agency.

In the private sector, employers can prohibit an employee from taking a break, even for a quick smoke. If the employee insists, the employer can discipline the employee. Again, you'll need to check with the state for information regarding state employment. However, my guess is that a supervisor has a similar amount of authority with an employee.
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Old 06-13-2005, 09:49 AM
Beth3 Beth3 is offline
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Am I authorized by law certain breaks That depends entirely upon what State you are in, which isn't information you shared in your post.

or compensation for my time If you are in a non-exempt position and you work through your lunch break, yes, you must be compensated for that time.

I am a smoker and often get hasled about taking a break every few hours even though they are under 5 min. And your point is? There are no laws that require an employer to extend smoke breaks to employees. If your State requires that meal or rest breaks be provided or your employer has a voluntary policy regarding breaks, you aren't entitled to additional breaks because you are a smoker.
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Old 06-13-2005, 09:57 AM
LConnell LConnell is offline
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Default Texas

I believe that this post said he/she is in Texas and is working for the state.
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Old 06-13-2005, 10:07 AM
pcpoole pcpoole is offline
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Default

I miss typed I am not a state employee but I am in the state of Texas,
I didnt intend to imply I should be authorized a smoke break. My questions are For the state of Texas are there certain workers rights which say I should be authorized a break every so many hours weather it be for me to use the restroom or just relax for 5 min or If I choose smoke. I was under the impresion that for every 3 or 4 hours your supposed to get a 15 min break or something.
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Old 06-13-2005, 10:15 AM
LConnell LConnell is offline
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Default Texas

Tbanks for the clarification. Your employer is not required to provide you with any breaks or lunch periods, not even smoke breaks. However, they must pay you for all hours worked.

If your employer permits you to take a short smoke break of 5 minutes, it must be paid.

Keep in mind that if your employer says that you cannot go on a break and you go anyway, you can be terminated.
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