Legal Question in Employment Law in Ohio

Can you be fined at work for smoking?

With the new smoking law going into effect the company I work for has come up with a smoking policy. We are not allowed to smoke. If we are caught the first offense is a verbal reprimand, second is written. The third is my question. They are going to fine us $100.00 and deduct it from our next pay check!! Is this legal? I have never worked anywhere in which I could be fined by the company for anything.


Asked on 12/01/06, 7:49 pm

1 Answer from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: Can you be fined at work for smoking?

Though some states may prohibit the practice, I am aware of no federal or Ohio law that prohibits employers for fining employees for violating company policies. However, the employer cannot make the deduction if doing so would bring your wage below minimum wage. Additionally, if the Fair Labor Standards Act applies to your employer (depends on the employer�s annual revenues) and you are exempt under the FLSA (i.e., a salaried rather than hourly employee), then imposing the fine may mean that the employer loses the benefit of treating you as an exempt employee. The significance between an exempt and non-exempt employer is: employers must pay non-exempt employees (but not exempt employees) overtime for hours worked beyond 40 hours in a work week.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 12/02/06, 7:57 am


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