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NJ laws on breaks

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  • NJ laws on breaks

    I work in NJ and am an hourly employee. I am also a smoker. We are allowed 2- 15 minute breaks per 7 hours worked. Instead of sitting for 15 minutes twice a day due to how busy my job is, I take a few 5-7 minute smoke breaks.. never to exceed 4 breaks a day. I also do not take the hour lunch as I am too busy and eat at my desk. I am the only person in the department that is getting singled out for breaking up the 15 minute breaks while many other hourly employee smokers do it. I was also told that the salary employees can break whenever they want and do not have to follow the 2- 15 minute break policy. Are there laws against singling out an employee and about break times?

  • #2
    Are there laws against singling out an employee and about break times? Only if the reason an employee is singled out is because of his or her race, gender, age, national origin, etc.

    If your employer wants to prohibit you and only you from breaking up the 15-minute breaks, they may.


    • #3
      Thank you. Well it definitely has to do with my race. One more quick question. Are there laws against emotional abuse at work?


      • #4
        Are there laws against emotional abuse at work? No. There are no laws that make it unlawful for the boss to be a jerk, even if he's a world class jerk. Some States recognize a civil cause for intential infliction of emotional distress but there's a high legal standard to meet the boss's behavior would have to be truly outrageous for IIED to be valid.


        • #5
          Too vague, sorry. You'll need to provide more information.
          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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