Company Breaks Lunches For Smokers

[Lynd]

I currently work a 9:00 am to 5:30 pm job in residential construction. I am wondering what kind of break and/or lunch am I entitled to? Last year I was allowed to smoke in the building so there was no need for any break other than our thirty minute lunch. This year we are not allowed to smoke in the building and still only have a thirty minute lunch. Is there any thing that protects my rights? Thanks for the help.

[Chayne]

Mr. Jones - The federal Fair Labor Standards Act(FLSA) says that breaks of about ten minutes do not count as unpaid time, so if an employee takes a short break the employee must still be paid for that time.  This probably originated as a rule about bathroom breaks, but it certainly has been expanded to include the quick smoke outside the office or workplace. The FLSA is a wage and hour law; hence the concern that short breaks be paid.  What it is not is a mandate about work rules.  The fact that you have to be paid for short breaks does not mean that your employer must allow short breaks other than of the bathroom variety.  The making of work rules is the right of the employer, and violation of the work rules is still enough to get an employee fired.  (In fact, employers need no reason at all for firing employees - it is called "at will" employment.)

You may have to use your lunch break for the cigarettes you want, unless you can convince your employer that you'll be a more effective employee with a few smoking breaks.