Employment Law

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I have an employee (I am a physical therapy practice in
I have an employee (I am a physical therapy practice in Washington DC)...he has told me that he must have 2 15 min breaks daily for his smoking ADDICTION...and that the Government says that I have to support his addiction … read more
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If someone gets hurt off premises during a paid 10 minute
If someone gets hurt off premises during a paid 10 minute break, is the company liable for the injury? Also, is the company able to require employees to not leave the premises during a paid break (i.e… read more
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Can my employer require me to use my personal cellphone
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Are there new laws in Florida related to smoke breaks, ie.,
Are there new laws in Florida related to smoke breaks, ie., can employers require smoke breaks to be clocked out, etc., without being "discriminatory"? How many smoke breaks are employers legally allo… read more
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I own a hair salon in AZ and have employees who frequently
I own a hair salon in AZ and have employees who frequently take smoke breaks outside, which causes the non-smoking employees to complain. The smokers who come in close contact with customers smell lik… read more
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Can my boss require we clock out for "smoke" breaks also known
Can my boss require we clock out for "smoke" breaks also known as 10min breaks, other staff members who don't smoke can take 10min breaks paid.. Seems like its illigal. This company is NOT a "smoke fr… read more
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In the workplace where there is no smoking on company premises,
In the workplace where there is no smoking on company premises, as long as you are on an unpaid break off company premises can the employer designate a company policy of where you are allowed to smoke… read more
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I want to know can a company work you 11 hours per day and
I want to know can a company work you 11 hours per day and not get a break and work for the same company for two years full time but not entitle to vacation time and anything over 40 hours per week is… read more
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Im the director of a 4/hr/day preschool. I would really love
I'm the director of a 4/hr/day preschool. I would really love to hire a particular applicant, however, she smells heavily of cigarette smoke, and I don't want the children she cuddles to smell like sm… read more
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My employer has instituted a no smoking in the parking lot
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I work at a hair salon in Texas and the salon owner allows t
I work at a hair salon in Texas and the salon owner allows the crew to smoke in the break room. I am a non smoker and I am forced to meet in the break room with smoking going on and it's where we eat … read more
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My Arizona employer has instituted a No Smoking on campus policy
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Ive been given a non-compete as an existing employee. I
I've been given a non-compete as an existing employee. I am a Massachusetts resident so I believe that state would govern in the event of a dispute. How would this document work in a layoff or if my s… read more
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Can I prohibit my employees from smoking anytime during the
Can I prohibit my employees from smoking anytime during the day? We work with patients and have had some complaints from some of our clients that our assistants take smoking breaks and come back in an… read more
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I am a registered nurse working in a non union hosptial in
I am a registered nurse working in a non union hosptial in Tn. Jan. 1st 2009 we went "smoke free" at our facility, but visitors, doctors, and patients continue to be allowed to smoke, only the employe… read more
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when & where can I (we) smoke while on the clock....
Employer just mandated that we (hourly employee's) are no longer allowed to step out for a smoke while on the clock, only on a lunch break and in a specified area. However management (salaried) are al… read more
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I work at a hospital. As of May 1st of this year, we have ...
I work at a hospital. As of May 1st of this year, we have a new smoking policy. 1-on our mandated 10 minute breaks per shift-we can no longer punch out ,walk outside the property and return, and #2--o… read more
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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