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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Employment Law
Satisfied Customers: 743
Experience:  Founding Partner at Moises Law, P.A.
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I manage the skin care side of a spa. We have a no smoking

Customer Question

I manage the skin care side of a spa. We have a no smoking policy during our estheticians assigned shifts. We also have contract nail technicians, who smoke during the day while they are working their shifts. Is it discriminatory to tell the estheticians they cannot smoke on their lunch break. When they are hired, they are aware of our no smoking policy while at work because of the close contact with our clients, prior to being hired.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Fort Wayne, Indiana
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is my understanding that with contract workers, they are independent and we cannot regulate them, I want to make sure that we can regulate our employees.
Submitted: 4 months ago.
Category: Employment Law
Expert:  MIAMILAW1127 replied 4 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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The employer cannot prevent the employees from engaging in legal activities (ex. smoking cigarettes) during off-duty or break time as this will be considered discrimination.

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