If the employer is okay with it, is it legal if you are of drinking age?
2007-06-08 18:43:41 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No it isn't. Actually that is a business practice of many companies! It may be a policy that you don't, then you are placing your job in jeapordy!
It used to be OK for state employees to have a beer with their lunch as their lunch is not on company time. It is their own time, however they stopped that as well.
I have some friends in the booze business and they usually start around noon!
In Germany they dispensed beer in factories like soda. I am not sure if they do it any longer!
2007-06-08 18:51:23 · answer #1 · answered by cantcu 7 · 0⤊ 1⤋
Maybe you don't really know as much about legal arguments as you think you do. In terms of how the US Supreme Court has been explaining it's interpretation of the Equal Protection Clause of the 14th Amendment, there are at least two different levels the courts use to scrutinize the justifications that government offers in defense of its laws that "discriminate." First of all, laws that "discriminate" against gay people are NOT presumptively unacceptable. The burden is not on the government to prove that the laws are "narrowly tailored to serve a compelling purpose," which is the standard that the courts apply to racially discriminatory laws. Therefore, instead, the legal standard that should be applied is the "rational basis test," in which case the government only has the burden to demonstrate that the classification at issue is rationally related to a legitimate governmental purpose. If there is ANY rational justification for the law, no matter how much you make think that it is tenuous, then the law must be upheld. My argument for any state law that bans gay marriage is the point you talked about in #3: straight couples can naturally reproduce and gay couples do not. Any rational and unbiased person can see that heterosexual coupling can and OFTEN does lead to reproduction, but homosexual coupling never does. You were quick to point out the exceptions to my general statement about the frequency with which heterosexuals reproduce. Exceptions to the generalization never do matter when the *rational basis test* is the legal standard that is applied by courts.
2016-05-20 08:47:04 · answer #2 · answered by ? 3 · 0⤊ 0⤋
There is no Federal or State law as long as your working for a private company. Now the law might not specifically mention it, but if you're a state employee you could get fired. Everybody is a little too uptight nowdays... Used to be the 3 Martini lunch was the order of the day... Now they'll throw you in jail for smoking a cigarette... Now obviously drinking or smoking too much probably ain't a good thing... but it used to be that decision was left to the individual... Now the Nanny State is here to save the day!!!
2007-06-08 18:55:49 · answer #3 · answered by Emmett 2 · 1⤊ 0⤋
If your place of business is a federal contractor, an employer cannot make alcohol available to employees or allow its consumption at its place of business during business hours. The government has not outlawed the three martini lunch. But three martinis is quite a bit to have anyway. You've got work to do, Mister.
Even if I did not work for a federal contractor and my boss allowed it, I'd feel rather awkward drinking a beer at my desk or in the cafeteria at lunch.
2007-06-08 19:01:30 · answer #4 · answered by Seinen Wakichou 5 · 0⤊ 0⤋
It's illegal if you work for the government.
In the private sector it will depend on the kind of work you do; it's illegal to operate heavy machinery on a work site if you are under the influence.
But even if it were legal, if the company allow it, they will be responsible in court by any damage, accident or death caused by that employee to others or to himself.
The company will be even responsible after hours if the employee left the premises under the influence and cause any damage to anyone or himself.
Any employer doing that is certainly risking too much. He can even go to jail if he faces a criminal negligence charge.
2007-06-08 19:26:54 · answer #5 · answered by ? 7 · 0⤊ 0⤋
If it is in the "employee handbook" that you can drink, then you can drink. But if it's not, that could be grounds of termination if your employer doesn't have that statement in your handbook. And also, if you get injured on the job while drinking, you would not be able to get treatment by the Bureau of Workmans Compensation because alcohol is a controlled substance. BTW, where do you work at anyways?
2007-06-08 18:57:36 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Any company makes their own rules. THere is no federal law about drinking "on the clock"
2007-06-08 18:46:28 · answer #7 · answered by Anonymous · 2⤊ 0⤋
If the company doesn't care then it is okay unless you are in a position that requires you to drive. My sister work for a company that in the hand book says that she can't come to work with a BAC over .08
2007-06-08 19:02:45 · answer #8 · answered by Steven C 7 · 0⤊ 0⤋
It depends on the work you are doing. It is illegal to drink and drive. It is illegal to drink and operate a locomotive. It is illegal to drink in a classroom full of school children. It is illegal to drink while on military guard duty.
While not illegal, it is stupid to drink and operate machinery. It is stupid to drink and work iron on a high rise. It is stupid to to drink in front of paying customers.
Your employer being "okay with it" only makes him a fool.
2007-06-08 18:50:46 · answer #9 · answered by raichasays 7 · 1⤊ 0⤋
I doubt that any employer would allow drinking on the job. Their liability is too great.
It may not be illegal; it depends on state law; however, it is unprofessional.
2007-06-08 18:56:46 · answer #10 · answered by ne11 5 · 1⤊ 0⤋