Legal Question in Employment Law in New York

breaks and smoking

A national restaurant does not allow waitstaff to take a break even while working an eight hour shift. In addition, New York State banned smoking in public buildings. If an employeee wants to take a 2 minute break to smoke, they must do so in the ladies/mens restroom as the management feels going outside of the building will ''take too much time''.


Asked on 10/29/07, 5:35 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: breaks and smoking

Restaurants across the country, but in particular, New York, are being regularly fined and sued for overtime/wage (FLSA) violations. If you are interested in pursuing this matter, you may follow up with my office via email or through our website at FLSAattorney.com.

I look forward to hearing more about your situation.

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Answered on 10/30/07, 1:46 am


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