employer locking you in the building

What is the name of your state? Oklahoma

I got to work at 12 a.m. The first 15 min. break is at 2 a.m. Those who wish to go outside to smoke can not because the manager on duty will not unlock the door. Yes, we are locked inside. We can not leave. We can not smoke inside. We take a 30min. off the clock lunch break at 4 a.m. We still can not go outside to smoke. We can not smoke inside. Our last break is at 6 a.m. only at that break are we allowed to go out side to smoke. This is also the first chance we have to leave. If we are finished working we have to stay and wait off the clock until 6 a.m.

This has become a very serious issue. This manager had someone throw a boxknife at her. Out of 40 people who work this shift, only about 5 do not smoke. This rule has only been ineffect since this manager took over.

No Federal law and no law in any state requires that the employer give you smoking breaks. No Federal law and no law in Oklahoma requires that the employer give you any breaks at all, unless you are under 16.

If you are being given breaks at all, that is more than the law requires. If the doors are locked for security reasons, I can't see anything in the law that requires them to let you out to smoke. They COULD legally require you to work straight through with no break at all.

I hope the manager called the police about the employee who threw the knife at her. I also hope you're not saying that was a legitimate response to not being allowed to smoke.

knife throwing

It was the knife thower's first day. The manager is well....not nice. The only reason she locks us in is a power trip.

under 16

Ther is a girl who is under 16 is it legal for her to ask for a smoke break? She works during the day. I'm just wondering.

locked in

did you find anything about not being able to leave until 6 a.m.?
If I finish my work at 4 a.m. I am not able to leave I still have to wait until 6 a.m. until she decides to open the door.

Whoa, give me a second! You just threw three at me in about two minutes.

1.) Doesn't matter if it's a power trip or not; it's still legal.

2.) If she is UNDER 16, then she cannot work for more than 5 hours without a 30 minute break. That is a totally different thing than a smoking break. She has no more right to take smoking breaks than anyone else; it's just that the law of OK says that minors must have a break after that length of time. IF she smokes and IF smoking is allowed on the grounds, she can smoke during that break; she does NOT get to take smoking breaks other than the rest break the state requires she be given. Once she turns 16, she gets nothing more than anyone else. The employer can legally refuse to allow anyone to smoke on the premises regardless of whether they take a break or not.

3.) As long as you are paid for those two hours there is nothing illegal about it. In fact, I don't know of very many places that will just let you leave before the end of shift.

Just to clarify, sock, you're basically saying that if the building caught fire there's literally NO WAY OUT unless the manager physically unlocks the door???

leaving

Some days are longer than others like tues. I worked 8 hours Wed. I worked 12 1/2 hours. The workweek for me ends on Sat. Sat. morning I will be off at 4 a.m. and I will have to sit in the breakroom off the cloock until she unlocks the door at 6 a.m.
The only other way for me to leave before then is the fire exit. If I open the fire exit door, It wil set off am alarm. Then I would get fired.

I don't think Beth was suggesting that you sneak out the fire escape. She was wondering if there were any OSHA considerations.

I repeat, as long as you are paid for all the time you are required to be there, including the time after your work is complete, this is legal. If she is refusing to unlock the door so that you can leave, that is not illegal, but you must be paid for that time. She cannot require you to remain on the premises off the clock. She has a choice; she can pay you for the time, or she can let you leave.

She has NO legal obligation to unlock the door to let anyone take a smoke break.

Thanks

Thank you for all your anwers you were very helpful.

No, I sure wasn't suggesting you sneak out the fire exit.

I wanted to know if, in the event of an emergency, the ONLY way out is if the supervisor unlocked the door in which case I would have told you that you have a much bigger problem than no smoke breaks and told you to contact your local Fire Marshall immediately.

cbg is right - you have to be paid for any time you spend sitting around if your supervisor requires you to remain on the premesis after you're done working.