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If I work a 12 Hour shift how many breaks am I entitled to

as an emloyee...
If I work a 12 Hour shift how many breaks am I entitled to as an emloyee
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Answered in 1 minute by:
8/12/2009
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,512
Experience: Licensed Texas General Practice Attorney
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Can you tell me what state you live in and whether or not you are in a union?
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Customer reply replied 8 years ago
I am in FL
Customer reply replied 8 years ago
no union here
There is no federal law that requires an employer give an employee breaks, and only eight states (California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon, and Washington) have laws that require an employer to give breaks. Florida is not one of those states. Now if they give you breaks, federal law steps in and says that shorter breaks have to be paid, but there's nothing that says that you have a right to these breaks.

In terms of the smoking question, it is absolutely up to the employer whether or not the workplace is smoke-free, and the disciplinary actions that can result. So the employer can fire you for smoking.

Now the employer cannot discriminate against you merely because it thinks that you are going to smoke. If people that have the same job as you are allowed breaks in the afternoon, and you are not, then you do have a claim, and you should take this claim up with the state department of labor or attorney general's office. But your employer is under no obligation to give you a break, and certainly not a smoking break. There is not a single state in the union that statutorily requires smoking breaks.

So in short, they can fire you if you smoke at work, so don't. Look into nicotine gum or a patch or something similar.

I know this is not what you were hoping for, but it is the law. I hope it clears things up anyway. Good luck to you!
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,512
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 8 years ago
Thanks I hope they are giving breaks to the non smokers in the afternoon because I will file
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ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
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