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Employer created new Smoking Policy -- is it legal
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Employer created new Smoking Policy -- is it legal
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I'm in the HR dept at a NY based business. The head of HR circulated a new Non-Smoking Policy that states smokers cannot take breaks to smoke, and that they cannot smoke near the front or back doors b
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Forums » Topic Forums » Legal Forum » Employer created new Smoking Policy -- is it legal
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Employer created new Smoking Policy -- is it legal
posted at 10/28/2009 9:15 AM EDT
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Posts: 2
First: 10/28/2009 Last: 10/28/2009 |
I'm in the HR dept at a NY based business. The head of HR circulated a new Non-Smoking Policy that states smokers cannot take breaks to smoke, and that they cannot smoke near the front or back doors but down the driveway an onto the cross street. Our office is located in a strip of offices, leased by the employer, so we do not control the grounds nor the building.
My question is: how legal is this policy? I didn't not approve of all the measures, and now i have employees screaming about infringed rights as a smoker. They stated how can they be punished and possibly terminated for smoking on the grounds when other tenants in the unit smoke outside their office doors. As far as i know, the landlord has not set a smoking policy on the grounds. |
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Employer created new Smoking Policy -- is it legal
posted at 10/28/2009 9:46 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Your employer can regulate workplace behavior. They cannot regulate legal off-work behavior. The fact that they lease part of the building is irrelevant. They can regulate your at work behavior. |
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Employer created new Smoking Policy -- is it legal
posted at 10/28/2009 12:54 PM EDT
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Posts: 2
First: 10/28/2009 Last: 10/28/2009 |
Thank you both for the feedback.
I just want to be sure my initial question was clear. It is ok for an employer to set policy regulating where on the grounds of the office building smokers can gather to smoke, so long as its even and non-descriminating, correct? I think their issue is that they're being forced to move more than 250 feet from the office door when other tenants can smoke right outside their office door. |
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Employer created new Smoking Policy -- is it legal
posted at 10/29/2009 4:45 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agreed. It is very legal. Honestly, no customer/client/visitor to the business likes walking through a group of smokers to get into the business.
The only time that smokers might have some rights in some states is when the smoke outside of work hours. But many states don't have any laws to protect smokers at all. And many employers are refusing to hire smokers at all -- although I expect at some point there will be court challenges to this. |
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Employer created new Smoking Policy -- is it legal
posted at 10/29/2009 5:27 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
While the OP is not stating this a common tact taken by smokers is that multiple breaks during the day seem to be their right because they smoke. Even in organizations that have the stereotypical 2-unpaid 15-minute breaks a day, smokers seem to believe they can subdivide those in order to smoke multiple times.
This is a tremendous disruption to performance and productivity. It also lends itself to other claims such as the inherent odor that comes from cigarette smoking and it's effect on those around them. Employers are well within their rights to create such workplace laws. Further, in many states, as rrupert stated, it is legal to not hire a smoker or even to charge them more for health insurance and related benefits. Employers have a well established legal right to have smoke free workplaces in all states. In about 40% of states they do not have the right to tell employees they cannot smoke or otherwise interfere with their right to smoke, when not at work. The real issue in the OP's question is NOT that the employer can do this but rather, is the employee at work when these breaks occur; and, just how far away from the entrance of a public multi-tenant building can one employer enforce as a no smoking area for employees. That would be the basis of any protestation to this. Only the courts will resolve that. The simple solution is for the employer to obtain landlord cooperation in making the building a no smoking building as well as some definition of the no smoking area in front of the building or its grounds. |
Forums » Topic Forums » Legal Forum » Employer created new Smoking Policy -- is it legal
