Is it legal for an employer to refuse an employee smoking in their own car?

Asked over 1 year ago - Ashland, KY

Employer forces employees to take breaks outside in dark by a creek that has snakes in it and refuses to allow employees to smoke or take breaks in their own vehicles outside on employer parking lot. Legal or illegal?

Additional information

Why can't we take a cigarette break in our own car instead of being forced to go smoke by a creek that is snake-infested in the dark?

Attorney answers (2)

  1. Kevin Michael Monsour

    Contributor Level 9


    Lawyers agree

    Answered . In Kentucky, you cannot be discriminated against for being a smoker, but you have to comply with all workplace rules. If your break is unpaid, you should be allowed to leave the property and smoke. But note, that the employer does not have to give you breaks for smoking, just an unpaid lunch period if you qualify (number of hours worked in a row) and a 10 minute paid break for every four hours worked.

    Sending an email or posting a question does not constitute legal advice or create an attorney client privilege.... more
  2. Bennett James Wills


    Contributor Level 17


    Lawyers agree


    Answered . Employers can have smoking policies. They have a right to say where people can and cannot smoke on their property. So snakes it is, or you could not smoke at work.

    This is not legal advice nor does it create an attorney-client relationship. This is for education and... more

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