Anonymous asked in Politics & GovernmentLaw & Ethics · 8 years ago

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?

5 Answers

  • lcr000
    Lv 7
    8 years ago
    Favorite 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

  • Absolutely. Don't leave the building and you'll be paid. Just another way that smoking costs you.

  • 8 years ago

    He owns the business, so he makes the rules. Things don't become illegal just because you don't like them.

  • 8 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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  • Anonymous
    8 years ago


    reason is everyone else is inside where you are outside.

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