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Can I give non smoking employees extra time off becasue they…

Can I give non...

Can I give non smoking employees extra time off becasue they do not take smoke breaks?

Lawyer's Assistant: Have you documented this or discussed it with HR?

No I am the company owner.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We're an "at will" employer in NC

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's it.

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Answered in 3 minutes by:
3/13/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,356
Experience: More than 30 years in legal practice.
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There are no breaks required of NC workers, who are adults, under state or federal law and smokers are not a protected class.

So, it is not illegal to give break time to non smokers.

Since there is no requirement to give breaks to workers, you can administer the breaks you do give in any way you want, so long as it is not illegal or discriminatory. There is noting illegal or discriminatory in providing the extr time to non smokers.

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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,356
Experience: More than 30 years in legal practice.
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Satisfied Customers: 37,356
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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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