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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: 39,230
Experience: More than 30 years in legal practice.
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Ask Your Own Employment Law Question

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: 39,230
Experience: More than 30 years in legal practice.
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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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