I need to know more about smoking policy at work place and laws and regulations in ny state or nyc, anyone help?
2007-10-12 07:39:39 · 8 answers · asked by fortgreen1 1 in Politics & Government ➔ Law & Ethics
thank you all. so would it be illegal to fire people because smokers are costing company medical and productivity and business environment moral? could companies make "smoke, fired" company rule legally?
2007-10-13 17:24:13 · update #1
Be careful because smoking brakes indicate a serious problem that could kill you faster than smoking.
No workers have a "right" to such breaks, but could have them in the contract if the company agreed.
2007-10-12 07:47:55 · answer #1 · answered by ghouly05 7 · 0⤊ 0⤋
Come on... Think about it. No way would any legal entity make a rule that forced an employer to pay a worker to have a smoking break every hour. I can see the legal bills adding up now to defend a law or regulation like that... grinnnnn.
On the other hand, there are unions who make interesting demands on companies in their contract negotiations. Could be that the union is behind it.
Otherwise, if it is a small company, locally owned, it could be the owner is a smoker. That could account for this "rule."
2007-10-12 07:46:27 · answer #2 · answered by David in Madison 4 · 1⤊ 0⤋
whatever the company policy on breaks (not brakes) is, you are stuck with it. You accepted employment on those terms and just because you are a heavily addicted smoker does not mean you have more rights than any other employee. This is true in New York and all the other states too, and far stricter in Ohio, for example, where there is NO SMOKING allowed anywhere on work premises at any time, even during breaks.
2007-10-12 07:53:26 · answer #3 · answered by Mike 7 · 1⤊ 0⤋
I don't know of a law that says that your employer is required to give smokers a break, however if they refuse, you could sue under the "Americans with Disabilities Act". Your claim could be that you have a mental illness (why else would you poison your body once every hour) that requires you to smoke, and failure to do so causes extreme anxiety.
2007-10-12 08:25:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It's "break," and no. You don't have the right to stop working every hour to go smoke.
2007-10-12 07:43:49 · answer #5 · answered by Hillary 6 · 1⤊ 0⤋
No they are not allowed extra time. If its their bad habit and their own fault if they smoke. They must smoke on their own break
2007-10-12 07:47:19 · answer #6 · answered by Anonymous · 1⤊ 0⤋
No, smokers are not entitled to take additional breaks. They are expected to do that on their regularly scheduled break.
2007-10-12 07:44:23 · answer #7 · answered by Sandy Sandals 7 · 1⤊ 0⤋
No its not allowed but the damn smokers do it anyways, its rediculous for the non-smokers :(
2007-10-12 07:51:11 · answer #8 · answered by Ashley 2 · 1⤊ 0⤋