Human Resource Blog

This will depend upon which state the employee is in, and the employees age. Workers under the age of 16 are entitled to breaks by federal law. There are also limits to the number of hours that they can work. Some states set restrictions on employees who are under 18.

Assuming that the employee is over the age of 18, there are 31 states that do not have any law requiring a lunch break or meal period of any kind, regardless of how long the shift is. Meal breaks of some sort are required under state law for most employees in California, Colorado, Connecticut, Deleware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington and West Virginia.

A few states have law that require an employee to have one day off in each payroll week, unless the employee volunteers to work seven days. Illinois is such a state. In other states, there is no such requirement and employers can legitimately make an employee work 7 days per week.

OSHA assumes that employees are allowed to drink water on duty, and to use the restroom as necessary. They also assume that employees who are not given a meal period are permitted to eat on duty.

Just as a sidlight, it is interesting to note that about 40% of the questions on breaks result from situations where the emplyees want breaks and are not permitted to take them. Almost an equal number come from employees who want to work straight through without a break, and are required by law or company policy to take one! This seems to be an issue where it is difficult to reach a happy medium.

This is a grey area, and you would probably have to check with OSHA to get an opinion on this specific situation.

If the water was shut off for 24 hours or more, it would probably not be acceptable to have the business open and employees working. However, in some cases, employers have continued to operate for up to 4 hours while the water was shut off for needed repairs. In hotels, for example, if the water in the entire building must be shut off, the hotel cannot be left deserted, without any employees to provide security or service for guests. So, it is not unusual for workers to be informed ahead of time that the water will be off. Usually, if repairs will take longer than 3 or 4 hours, the water is turned on for an hour or so to permit employees to use the restroom, then turned off again so repairs can be completed.

It is to the employers credit that apparently alternate arrangements were made for employees to use the restroom nearby.

OSHA standards for general industry specify exactly how many toilets are required, but not the exact number of drinking fountains. OSHA CFR 1910.141 simply specifies that employers will furnish potable (drinkable) water for workers, that the water cannot be in an open container and that employees cannot be required to use a communal cup.

The exact number of water fountains required by OSHA will depend upon a number of factors: the maximum number of employees on any one shift, the building layout, and the working conditions. For example, an air condtioned factory would likely require fewer drinking fountains than one that was not air conditioned. Different standards also apply to specific industries, like construction.

The best bet in your case is to consult with OSHA before installing these drinking fountains or water coolers. OSHA offers consultative services where they will advise an employee on safety issues (like this one) without triggering an OSHA inspection. This is a free service, and a great opportunity to get their expert advice. You can find the number for your local OSHA office at www.osha.gov.

Nineteen US states have laws requiring meal breaks for employees, and 8 of those have laws requiring rest breaks. Arizona is not among them. So legally, an employer in Arizona could have an employee work 8 or even 16 hours without a break. Naturally, this is not considered a best practice in the HR world. Breaks improve an employees productivity. For one thing, there is an assumption that an employee who receives no formal meal break will be permitted to eat at his or her work station.

Under OSHA regulations, employees must be permitted to use the bathroom when necessary. They must also be allowed to drink water. Especially during hot weather, OSHA standards may require frequent breaks for employees working outdoors or in hot conditions. Contact OSHA at www.osha.gov for more information on these regulations in your industry.

This will depend entirely upon which state you are in. Please post another question that specifies the state.

The majority of US states have some sort of law that limits or prohibits smoking at work. Each law is different. In some states, for example, smoking would be permitted on private property under the conditions that you describe. In others, it would only be acceptable if your place of business is also a private home. And in still others, it would not be legal, period.

There are two additional factors to consider. If your business is not a separate building, there may be other tenants to consider.

Also, you say that your business is not open to the public…but is that really true? Don\’t FedEx and/or UPS deliver to your building? If so, those workers have the right to not be exposed to second-hand smoke while they make their deliveries.