Legal Question in Employment Law in Pennsylvania

My employer says that I cannot leave the property to smoke on my paid 20 minute break. And because the campus has a smoking ban in affect I can only smoke on my lunch. Can they do this? Why am I restricted to the activites i do on my breaks?


Asked on 6/04/10, 7:20 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

You asked about being to leave your work campus to smoke during your breaks.

Essentially, during your 20 minute breaks you are still "on the clock" and therefore your employer can control your activity. It's a fairly common custom. During your lunch break you are "off the clock" and your employer has less say about your activities.

I guess you need to look at the bright side and be thankful doesn't ban employees from smoking in their off hours, which is perfectly lawful discrimination right now.

Regards,

Roger

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Answered on 6/04/10, 12:06 pm


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