My employer gives paid meal breaks to everybody unless you smoke is this legal?
All of the waitstaff where I work sits in the resteraunt for their paid meal breaks...I however choose not to eat but instead go outside to have a smoke. I am forced to punch out for my break even though it may be interrupted at anytime. I loose time everyweek just because I smoke on my break where every one else is paid for their break. Is this legal?
- lcr000Lv 78 years agoFavorite Answer
if I tell you that everything you said is illegal what would you do? breaks of less than 20 minutes MUST be paid by law, if you are on call through your breaks they must be paid. what everyone else does is irrelevant. Now what do you think will happen when you bring this up, so my advice is pick your battles.
You wil fond it all here FSLA.gov
- 8 years ago
Absolutely. Don't leave the building and you'll be paid. Just another way that smoking costs you.
- bugs againLv 68 years ago
He owns the business, so he makes the rules. Things don't become illegal just because you don't like them.
- hotwheels122287Lv 78 years ago
policies can be given..... depending on your state legally he doesnt even HAVE to give you breaks.... if you so choose to use your lunch break for something other than lunch then he shouldnt have to pay you.
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- Anonymous8 years ago
reason is everyone else is inside where you are outside.