Is it discrimanation to set certain times for breaks for smokers only?

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Is it discrimanation to set certain times for breaks for smokers only?

Asked on November 30, 2012 under Employment Labor Law, Delaware

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There may be issues with respect to private sector employment practices that may be protected. Most Delaware labor laws appear to deal with discrimination regarding protected issues like race, gender, and so forth...there is no class protection for smokers. If your employer allows you to take smoking breaks, it must compensate you according to the Fair Labor Standards Act but I don't believe you have control over the time periods of breaks as long as those breaks are given.


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