New Jersey Smoking Breaks
Posted by Tamara
Employees in New Jersey are not guaranteed breaks away from their workstation to smoke. In fact, employers are not required to give them any short rest or “coffee” breaks at all. Many employers choose to give their employees brief breaks at times during the day but these are left to the discretion of the employer.
In the past employees who smoked were often allowed to leave their work station and go outside to smoke. In years past, some employees could even smoke at their desks or workstation. However, there are growing concerns about the hazards of smoking not only for the smoker, but also those who might develop problems from second hand smoke. Therefore, many states have established laws regulating indoor smoking in the workplace.
Some employers still allow smokers to take breaks, but many do not. One of the considerations is that brief breaks, those less than 20 minutes long, are required to be paid under federal law. The Fair Labor Standards Act of 1938 established this principle. When a smoker goes out for a 5 minute smoke, he or she is being paid but not working. To extend smoker breaks to 20 minutes in order to allow the break to be taken off the clock would be counter productive because of the extended amount of lost time. So, many employers have completely eliminated additional breaks for smokers.
Since New Jersey does not mandate breaks for workers, and since there is no federal law establishing breaks as an employee benefit, regulation of job site breaks remains primarily the prerogative of the employer. Some states, such as California, have established breaks as a standard part of the work day, but New Jersey has no such regulation.
Employers are able to manage rest breaks and meal breaks in a way that best suits their individual business needs. An employer could choose to eliminate breaks completely from the workday. Few businesses elect this option, but it is available to them.
Employees who do smoke, and who find themselves in a job where they are allowed to take smoke breaks, should understand that this is a disappearing practice.
Last 10 posts by Tamara
- Disciplinary Notices in Texas - April 21st, 2008
- Texas ADA - April 21st, 2008
- Age Discrimination in Tennessee - April 21st, 2008
- Religious Discrimination in Nevada - April 21st, 2008
- Intermittent FMLA in Michigan - April 21st, 2008
- Age Discrimination in Texas - April 18th, 2008
- Disciplinary Notices in Rhode Island - April 18th, 2008
- Nevada ADA - April 18th, 2008
- Religious Discrimination in Maryland - April 18th, 2008
- Intermittent FMLA in Maine - April 18th, 2008