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Jul23

Smoking

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Is it legal to ban smoking cigarettes in a privately owned business? Is there any law which states that an employer must give an employee who smokes cigarettes breaks to do so?

It is legal in all 50 states for an employer to ban smoking in his or her workplace. That is simply a matter of the employers choice. (In some states, it is not legal for the employer to PERMIT smoking in the workplace. But all states allow a smoking ban.)

There is no state or federal law that requires employers to give additional breaks to smokers. A few states do require rest breaks for all workers. However, if the employer wishes, he or she can ban smoking on company property. An employer can also require that employees remain on company property when they are on their breaks. This would effectively ban smoking, even on required rest breaks.

So the bottom line is, an employer can ban smoking if he or she wants to.

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This entry was posted on Wednesday, July 23rd, 2008 at 7:55 am and is filed under
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