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Is an employer allowed to tell you what you can and can't do during your shortbreak and your lunch break

Carol Stream, IL |

you work out in the field with other co workers you stop to get food but some choose not to go in and wajnt to have a smoke they are told they cannot smoke during short break ,during your unpaid lunch break you are told you must ask supervisor to go out and smoke is this legal?

Attorney Answers 1


  1. Your employer cannot make you eat, however they can require you to stay on premises during short breaks. If what you're really asking is whether your employer can prohibit you from smoking during the work day, they can't do that. They can prohibit smoking on company property and in company vehicles. They can prohibit smoking around other employees to a lesser extent. They can prohibit smoking in the presence of customers or clients. They can strictly enforce time limits on breaks. The fact that you choose to slowly poison yourself is your own choice, but there are some limits to that freedom of choice.

    Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.

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