# 15 minute "smoking break" required by law? **URL:** \ **Category:** Factual Questions\ **Created:** [April 29, 2004, 7:04pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723 "2004-04-29T19:04:44Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![Hermitian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hermitian/32/470_2.png) [@Hermitian](https://boards.straightdope.com/u/Hermitian)\ **Post date:** [April 29, 2004, 7:04pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/1 "2004-04-29T19:04:44Z")
All of the businesses that I have worked at give their employees two fifteen minute breaks a day. Pretty much everyone calls them “smoking breaks” because it seems that they were made so the smokers don’t go bizerk after not having a cigarette all day. Of course many people use the break to go to the break room and get a cup of coffee and read the paper for 15. Whatever floats your boat. Anyway, I was wondering if this is some kind of state law (in SC) or is this just something that all business just do out of courtesy? ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [April 29, 2004, 7:23pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/2 "2004-04-29T19:23:25Z")
[South Carolina Department of Labor, Licensing & Regulations FAQ](http://www.llr.state.sc.us/aboutus/index.asp?file=faq.htm) > [@](#): > > \*\*Frequently Asked Questions \*\* > > Q. Does my employer have to provide me with breaks and time for lunch during the work day? > A. There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period. ---
**Author:** ![Aitara](https://avatars.discourse-cdn.com/v4/letter/a/b3f665/32.png) [@Aitara](https://boards.straightdope.com/u/Aitara)\ **Post date:** [April 29, 2004, 7:32pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/3 "2004-04-29T19:32:58Z")
That will vary from state to state, depending on their labor laws. In Oregon, for example the policy is as follows > [@](#): > > **Q. What rest and meal periods are required by law?** > A. There are different rest and meal period requirements, depending on whether workers are adults or minors. Rest periods may not be added to the meal period or deducted from the beginning or end of the work period in order to reduce the length of the work period. > > Adults: Meal periods of 30 minutes must be provided if the workday is six hours or longer. The employee must be relieved of all duty during this time. If the employee can’t be relieved due to the nature or circumstances of the work, then the meal period must be paid. The scheduling of meal periods is flexible and depends on the length of the workday. > Paid rest periods of at least ten minutes must be provided during each four-hour work period or major part thereof. The rest period is to be taken approximately in the middle of each work segment. There are narrow exemptions to the rest period requirements for adult employees working alone in retail/service business. > > Minors: Meal periods of at least 30 minutes must be provided no later than five hours and one minute after the minor reports to work. 14 and 15 year old minors must be fully relieved of work duties during this time. Sixteen and 17 year olds may work during a meal period, but must be paid for their time. This is only permissible when the nature of the work makes it impossible to completely relieve the employee from his/her duties. [http://www.boli.state.or.us/wage/whqanda.html](http://www.boli.state.or.us/wage/whqanda.html) ---
**Author:** ![anson2995](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@anson2995](https://boards.straightdope.com/u/anson2995)\ **Post date:** [April 29, 2004, 8:00pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/4 "2004-04-29T20:00:29Z")
[New York State](http://www.labor,state.ny.us/faq.html) requires lunch breaks after a certain number of hours have been worked (in most cases), but specifically states that other breaks are not required. > [@](#): > > Other “Breaks”, such as for “rest periods” or “coffee breaks,” are not required. If a break (of up to 20 minutes) is permitted, then it should be paid as working time. ---
**Author:** ![Algernon](https://avatars.discourse-cdn.com/v4/letter/a/a183cd/32.png) [@Algernon](https://boards.straightdope.com/u/Algernon)\ **Post date:** [April 29, 2004, 8:25pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/5 "2004-04-29T20:25:18Z")
According to my Human Resources guidebook: > [@](#): > > While there are general legal requirements to provide a safe workplace and to abate public nuisances, there is no legally protected right to smoke. There are currently no OSHA regulations on smoking in the workplace… Unions have rarely taken a position on clean air policies. Since they must represent both smokers and non-smokers, this is a no-win situation for organized labor. ---
**Author:** ![WILLASS](https://avatars.discourse-cdn.com/v4/letter/w/54ee81/32.png) [@WILLASS](https://boards.straightdope.com/u/WILLASS)\ **Post date:** [April 29, 2004, 8:35pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/6 "2004-04-29T20:35:08Z")
In Britain if you work in front of a computer monitor you are required by law to have a five minute break every hour which can be taken as a 15 minute break every three hours. You can smoke on these breaks if you like. I don’t know about the States but I imagine you must have something similar as it was designed to prevent lawsuits for eye damage. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [April 29, 2004, 8:46pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/7 "2004-04-29T20:46:49Z")
> [@Hermitian](#): > > All of the businesses that I have worked at give their employees two fifteen minute breaks a day. Pretty much everyone calls them “smoking breaks” because it seems that they were made so the smokers don’t go bizerk after not having a cigarette all day. Of course many people use the break to go to the break room and get a cup of coffee and read the paper for 15. Whatever floats your boat. Thirty years ago, before smoking was generally banned in the work place, these were universally called “coffee breaks.” There was no need to take a smoking break, since you could smoke at your desk or station all day long if you wanted to. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [April 29, 2004, 8:47pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/8 "2004-04-29T20:47:59Z")
> [@](#): > > The FLSA (Fair Labor Standards Act) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state that does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee’s representative). Source: [http://www.osha.gov/SLTC/teenworkers/questions.html](http://www.osha.gov/SLTC/teenworkers/questions.html) [Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector - January 1, 2004](http://www.dol.gov/esa/programs/whd/state/rest.htm) [Minimum Length of Meal Period Required Under State Law For Adult Employees in Private Sector1 January 1, 2004](http://www.dol.gov/esa/programs/whd/state/meal.htm) [State Labor Laws](http://www.dol.gov/esa/programs/whd/state/state.htm) ---
**Author:** ![xayoz306](https://avatars.discourse-cdn.com/v4/letter/x/bc8723/32.png) [@xayoz306](https://boards.straightdope.com/u/xayoz306)\ **Post date:** [April 29, 2004, 9:07pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/9 "2004-04-29T21:07:43Z")
In Saskatchewan, an employer is only required to give a person a 30 minute lunch break, unpaid. Any other breaks are at the sole discretion of the employer. ---
**Author:** ![bughunter](https://avatars.discourse-cdn.com/v4/letter/b/aeb1de/32.png) [@bughunter](https://boards.straightdope.com/u/bughunter)\ **Post date:** [April 29, 2004, 10:03pm UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/10 "2004-04-29T22:03:03Z")
In California, there are two types of employees, “Exempt” and “Non-exempt.” These terms refer to the employer being exempt or not exempt from certain sets of regulations regarding pay and scheduling. As far as non-exempt workers, those paid hourly wages and doing specific types of manufacturing and service jobs, a half hour unpaid lunch break must be given during every shift, as well as two 15-minute paid breaks. If there is no on-site food service (a catering truck apparently qualifies) then the law requires a full hour of unpaid lunch. This is how my employer explains the law to us, anyhow. For the Exempt workers (salaried, e.g., Me) all bets are off. We are given the same breaks and lunch as the Non-exempt employees, and since we work on billable contracts, we report our hourly attendance and the charge numbers for the hours worked on specific tasks just like the Non-exempt. But aside from the hourly billing records, none of that is apparently a legal requirement. As for smoking, well, this is California… where just this week state legislators proposed making it a crime to smoke in a car that also has child passengers… and Santa Monica wants to make it possible for rental property owners to forbid residents from smoking in their own apartments. I think there are like three smokers in the entire building here… of a staff of 150. (At least, that’s how many of us have the nads to smoke on the premises.) And we can only smoke outdoors. And if my employer wanted to, it could ban smoking entirely. Rumor has it that the General Manager puts smokers at the top of the expendable list when it comes time for layoffs. I tend not to smoke at work, except occasionally one after lunch. (When I started here 15 years ago, you could still smoke in offices that had separate ventilation, and in public areas like the cafeteria. Now it’s considered bad form to smoke anywhere on the premises, even the parking lot. And smoking indoors would probably invite more scorn than taking a dump in the office wastebasket.) ---
**Author:** ![Hermitian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hermitian/32/470_2.png) [@Hermitian](https://boards.straightdope.com/u/Hermitian)\ **Post date:** [April 30, 2004, 2:22am UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/11 "2004-04-30T02:22:30Z")
Well, looks like the question has been answered. Good work. Thanks guys. Now go take a break! ---
**Author:** ![Rex\_Fenestrarum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rex_fenestrarum/32/7265_2.png) [@Rex\_Fenestrarum](https://boards.straightdope.com/u/Rex_Fenestrarum)\ **Post date:** [April 30, 2004, 2:49am UTC](https://boards.straightdope.com/t/15-minute-smoking-break-required-by-law/242723/12 "2004-04-30T02:49:05Z")
In Georgia, the law is 1-15 minute break per 4 hour work period, plus 1 hour for lunch if the work period is 8 hours or more. So a typical 8-hour shift is 2-15 minute breaks, plus lunch. Just FYI.