smoking on your breaks

[barbs]

What is the name of your state? North Carolina
Is it legal for an employer to make smokers punch out for their breaks and not make non-smokers punch out for theirs? There is a place for smokers to smoke, but the smokers have to punch out for breaks, but non-smokers do not. Is that right?

 

[cbg]

There is nothing illegal about requiring smokers to clock out for breaks and not requiring non-smokers to. Smokers are not a protected category.

The only way this would be illegal would be if smokers who took breaks of less than 20 minutes are not paid for them. Federal law says that while breaks are not required, any breaks of less than 20 minutes must be a paid break.

Chances are that there has been a great deal of "break abuse" by smokers and this is how the employer has chosen to crack down on it. Keep in mind that no state requires an employer to allow "smoke breaks" at all.

 

[barbs]

Thank you, you answered my question. My husband gets two 15 minute breaks. He is a smoker and goes out for a cigarette break that is less than 15minutes. They require him to clock out and take it off his paid time( computerized time clock)because he has a cigarette, while the non-smokers are not required to clock out for breaks at all.

 

[Sockeye]

Thank you, you answered my question. My husband gets two 15 minute breaks. He is a smoker and goes out for a cigarette break that is less than 15minutes. They require him to clock out and take it off his paid time( computerized time clock)because he has a cigarette, while the non-smokers are not required to clock out for breaks at all.

That is illegal for a company to do. As mentioned, if the company does provide breaks under 20 minutes, they must be paid for them regardless if they smoke, chew bubblegum, or ride a pogo-stick.