Must we allow employee smoking breaks? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Must we allow employee smoking breaks?

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Q. We have a number of employees who smoke cigarettes and want to take breaks in order to light up. Is an employee entitled to smoking breaks during the work day?

A. No. Neither North Carolina nor federal law requires employers to provide general breaks to employees, including smoking breaks. A union might negotiate such benefits through a collective bargaining agreement. However, private employers have wide latitude concerning whether to provide breaks and the terms thereof.

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