According to the U.S. Occupational Safety and Health Administration an estimated 1.3 million workers face significant asbestos exposure on the job. Asbestos is commonly used as an acoustic insulator, and in thermal insulation, fire proofing and other building materials. Many products in use today contain asbestos.  The inhalation of asbestos fibers by workers can cause serious diseases of the lungs and other organs that may not appear until years after the exposure has occurred.  Workers in the construction, railroad, ship-building, manufacturing of asbestos related products, automotive brake/clutch repair, custodial workers in affected buildings, and workers in other industries are exposed to the highest risks of asbestos and other lung-related diseases on the job.

You might not think that a lawsuit over lung related diseases of railroad workers is big news today, but you’d be surprised.  In fact, the U.S. Supreme Court just reviewed such a case.  I am referring to the case of Thurston Hensley, a retired electrician who sued the railroad company he worked for, CSX Transportation, Inc., alleging that the railroad negligently caused him to contract asbestosis—a noncancerous scarring of lung tissue caused by long-term exposure to asbestos.  Hensley sought damages his lung injuries, as well as for pain-and-suffering, based in part on his fear of developing lung cancer in the future.  After reviewing the case, the jury found in Hensley’s favor and awarded him $5 million in damages. 

Under regular workers compensation systems, workers obtain medical care for injuries sustained on the job without having to go to court…. though the trade-off is that they can’t generally sue for damages like pain and suffering.  Unlike in employees covered by state workers compensation systems, railroad industry workers are covered by the Federal Employers’ Liability Act (FELA), which allows them to sue their employers in court and recover potentially substantial damages for their work-related injuries caused in whole or in part by their railroad employers. 

Does a $5 million jury award sound high to you?  The courts sure think it’s possible that jury awards can get out of control…  and idea of “verdict control devices” is even being carefully discussed within the legal community.  For instance, in the Hensley case, at issue before the Supreme Court was whether the jury was property instructed about awarding “fear of cancer” damages.  This was considered a “verdict control device” because, as the court mentioned, “…..a jury, without proper instructions, could award emotional distress damages based on slight evidence of a plaintiff’s fear of contracting cancer…” In fact, the court held that in some cases, “…a properly instructed jury could find that a plaintiff’s fear [of cancer] is not “genuine and serious.” 

Whether Hensley’s fear of cancer is “genuine and serious” enough for the $5 verdict to stand, we’ll have to wait and see.  If you had a serious lung injury after numerous years of exposure to asbestos related materials as a railroad worker, wouldn’t you be seriously and genuinely worried about developing lung cancer? 

If you or someone you love may have been exposed to asbestos or have experienced symptoms of a lung disease after working in one of the exposed industries, contact an attorney for more information about how best to protect your legal rights.

Read the Supreme Court’s decision in the Hensley case by clicking here.  Find an attorney experienced in railroad accidents and injuries by clicking here.

If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

In the midst of the stress and worry that accompanies a lay-off, a newly unemployed person is bound to question what he or she has coming to them, in the form of financial compensation. Will I get paid for accrued vacation time? The expenses I put on my personal credit card for business? How much am I entitled in unemployment benefits? All of these are legitimate questions that deserve answers.

Jobless claims are now at a 14-year high and are unfortunately expected to rise. If you have been laid off, or if you feel a lay-off may be in your future, here is some information on unemployment rights.

1. Unemployment benefits
Full-time employees who lose their jobs (through no fault of their own) are eligible for unemployment benefits, depending on their length of unemployment and how much they earned. Eligibility requirements vary by state, but in most cases, you must work four out of the last five completed quarters before you file for benefits. The money you receive is based on the money you made over the previous 52 weeks. In most states, you can be paid benefits for up to 26 weeks.

It is important to note that independent contractors and the self-employed are not usually eligible for benefits.

2. Unused sick days, personal days and vacation time
Few laws require employees to be paid sick days, personal days or vacation time and being paid for such is usually a matter of contractual obligations on the part of your employer. If you signed a contract when you were hired that states you are entitled to all of your unused sick time, vacation time, etc., when you leave a company, then you should be reimbursed.

3. Severance pay
There are no federal or state laws that requires employers to pay out severance, unless this was signed into your employee contract.

It is important to note that even if you receive a severance package, you are still entitled to file for unemployment benefits.

4. Unpaid bonuses
If you’ve earned a bonus, you should be paid the bonus. Bonus statements are usually provided annually, or at the start of employment, and spell out the terms and conditions of bonus calculations and payout practices.

5. Expenses owed
If you incurred expenses during a company business trip, or you purchased a work laptop or cell phone on your credit card and have since been laid-off, you are entitled to reimbursement. Business expenses are considered “wages” in many states, and there are penalties for non-payment. If an employer refuses to pay up, laid-off workers can file a claim in small claims court.

For more information on unemployment rights, visit LawInfo’s Legal Resource Center for articles, blogs and answers to unemployment-related frequently asked questions, or contact an experienced Labor and Employment attorney in your area to discuss the specifics of your case.

Due to the financial meltdown felt by millions of Americans across this country, the number of people acting as their own lawyers is on the rise. In the past, less complicated cases such as uncontested divorces or small claims were often filed by parties serving as their own attorney. But in this tough economy, even those tied up in child custody cases, complex lawsuits and complicated bankruptcies are representing themselves as well. “It’s not just that poor people can’t afford lawyers. This is really a middle-class phenomenon,” said Sue Talia, a judge from Danville, California.

The result of this legal trend is causing court systems to clog with filings from people unfamiliar with the legal process. Sadly, some of these pro se litigants, as they are being called, are making mistakes with expensive and permanent consequences. “Courts are absolutely inundated with people who do not understand the procedures,” said Talia. “It is a disaster for high-volume courts, because an inordinate amount of their clerks’ time is spent trying to make sure that the procedures are correctly followed.”

Luckily, there is self-help Web sites (such as LawInfo) and desks at court offices that offer standard legal forms for such things as simple divorces. The American Bar Association is encouraging all states to set up such self-help desks and adopt standardized forms to help cut legal costs. Also, volunteer lawyers are available in some states to give legal advice to those who cannot afford legal counsel. Further, a majority of states promote a growing legal trend known as “unbundling,” in which an attorney handles just part of a contract, lawsuit or other litigation for a small fee, rather than taking on an entire case.

Despite these tough economic times, however, there are situations where hiring a lawyer is not only imperative for your case, but critical to your fundamental freedom, such as fighting a criminal charge. Matters like this leave no room for penny-pinching. For more information, contact a qualified attorney in your area today for an initial (and usually free) consultation to discuss the specifics of your case.

If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

Sholom Rubashkin, the former manager of the largest U.S. kosher meatpacking plant, Agriprocessors, was arrested on October 30, 2008, by U.S. Immigration and Customs Enforcement (ICE) agents on federal conspiracy charges of harboring illegal immigrants and aiding and abetting aggravated identity theft, federal officials said.

Rubashkin was arrested in Postville, Iowa, home to the kosher plant, and faces three counts: conspiracy to harbor illegal aliens for profit, aiding and abetting document fraud, and aiding and abetting aggravated identity theft. If convicted, the first two counts carry a maximum sentence of 10 years in prison and fines of up to $250,000. The third count carries a mandatory consecutive sentence of two years. On Wednesday, October 29, Agriprocessors was fined nearly $10 million by Iowa Labor Commissioner Dave Neil over accusations that it violated state wage laws. The company has 30 days to appeal.

ICE agents raided the Agriprocessors plant on May 12, 2008, and arrested 389 illegal aliens, most of whom pleaded guilty to identity theft charges in trials that lasted less than two days. Officials claim this was the largest single-site immigration bust in U.S. history.

“None of the undocumented alien workers were in possession of documents allowing them to work or reside in the United States legally,” the affidavit against Rubashkin says. “During the execution of the warrants, agents discovered and seized dozens of fraudulent permanent resident alien cards from offices within the human resources department at Agriprocessors.”

The Immigration Reform and Control Act (IRCA) prohibits employers from hiring illegal aliens and requires employers to verify the work eligibility status of applicants. Employers who employ aliens not lawfully admitted to the U.S. are subject to substantial monetary fines and possible imprisonment. Between Oct. 1, 2006 and Sept. 30, 2007, ICE fined employers more than $30 million for violating immigration laws. ICE arrested 92 employers and 771 employees. The agency also began deportation proceedings for more than 4,000 people who were working in the country illegally.

Although the perks that come with hiring undocumented workers is tempting for U.S. companies; i.e. not having to comply with minimum wage laws, not having to pay taxes or insurance on illegal employees, etc., as demonstrated by the possible fate of Sholom Rubashkin, the risks undoubtedly outweigh the benefits. For more information on immigration labor laws, visit the United States Citizenship and Immigration Services (USCIS) at http://www.uscis.gov/portal/site/uscis, or contact an experienced Immigration attorney in your area today.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

So you have had it with that job! It’s time to get what you’ve got coming to you, and bid farewell. Although most states require employers to give departing employees their final paychecks in reasonable time, these time limits vary depending on whether the employee quit or was fired. State laws have been established to dictate the timing of final paychecks. If an employer fails to pay a departing employee within these time limits, the employer may be subject to penalties such as accrued interest and attorney fees, if the employee had to pursue legal action.

Here is a breakdown of the mandated delivery of final paychecks, listed by state:

• Alabama: No statute.
• Alaska: If employee is fired: three days. If employee quits: next regular payday at least three days after employee gives notice.
• Arizona: If employee is fired: within three days or next payday, whichever is sooner. If employee quits: next payday.
• Arkansas: If employee is fired: within seven days. No statute if employee quits.
• California: If employee is fired: immediately. If employee quits: within 72 hours, or immediately if employee has given at least 72 hours’ notice.
• Colorado: If employee is fired: immediately. If employee quits: next scheduled payday.
• Connecticut: If employee is fired: next business day. If employee quits: next scheduled payday.
• Delaware: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• District of Columbia: If employee is fired: next business day. If employee quits: next scheduled payday or within seven days, whichever is sooner.
• Florida: No statute.
• Georgia: No statute.
• Hawaii: If employee is fired: immediately. If employee quits: next scheduled payday or immediately, if employee gives one pay period’s notice.
• Idaho: If employee is fired: next payday or within 10 days, whichever is sooner. If employee quits: next payday or within 10 days, whichever is sooner.
• Illinois: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Indiana: If employee is fired: next scheduled payday. If employee quits: next scheduled payday. If employee has not provided a forwarding address, employer may wait until ten days after employee demands wages or provides an address where the check may be mailed.
• Iowa: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Kansas: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Kentucky: If employee is fired: next scheduled payday or within 14 days, whichever is later. If employee quits: next scheduled payday or within 14 days, whichever is later.
• Louisiana: If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier.
• Maine: If employee is fired: next scheduled payday or within two weeks after demand, whichever is earlier. If employee quits: next scheduled payday or within two weeks after demand, whichever is earlier.
• Maryland: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Massachusetts: If employee is fired: immediately. If employee quits: next scheduled payday or the Saturday following the employee’s resignation, if there is no scheduled payday.
• Michigan: If employee is fired: next payday. If employee quits: next payday.
• Minnesota: If employee is fired: immediately. If employee quits: next payday. If payday is less than five days after last day of work, employer may pay on the following payday or 20 days after last day of work, whichever is earlier.
• Mississippi: No statute.
• Missouri: If employee is fired: immediately. No statute if employee quits.
• Montana: If employee is fired: immediately. If employee quits: next payday or within 15 days, whichever is earlier.
• Nebraska: If employee is fired: next scheduled payday or within two weeks, whichever is earlier. No statute if employee quits.
• Nevada: If employee is fired: immediately. If employee quits: next scheduled payday or within seven days, whichever is earlier.
• New Hampshire: If employee is fired: within 72 hours. If employee quits: next scheduled payday or within 72 hours, if employee gives one pay period’s notice.
• New Jersey: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• New Mexico: If employee is fired: within 5 days. If employee quits: next payday.
• New York: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• North Carolina: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• North Dakota: If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday.
• Oklahoma: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Oregon: If employee is fired: end of next business day. If employee quits: immediately if employee has given 48 hours’ notice. Without notice, within five days or the next payday, whichever occurs first.
• Pennsylvania: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Rhode Island: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• South Carolina: If employee is fired: within 48 hours or next scheduled payday, but not more than 30 days. No statute if employee quits.
• South Dakota: If employee is fired: next payday or when employee returns employer’s property. If employee quits: next payday or when employee returns employer’s property.
• Tennessee: If employee is fired: next scheduled payday or within 21 days, whichever is later. If employee quits: next scheduled payday or within 21 days, whichever is later.
• Texas: If employee is fired: within six days. If employee quits: next payday.
• Utah: If employee is fired: within 24 hours. If employee quits: next regular payday.
• Vermont: If employee is fired: within 72 hours. If employee quits: next scheduled payday or, if no scheduled payday exists, the next Friday.
• Virginia: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Washington: If employee is fired: next pay period. If employee quits: next pay period.
• West Virginia: If employee is fired: within 72 hours. If employee quits: immediately if employee has given one pay period’s notice; otherwise, next regular payday.
• Wisconsin: If employee is fired: next payday or within one month, whichever is earlier. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next payday.
• Wyoming: If employee is fired: five business days. If employee quits: five business days.

For more information on these state statutes, contact a Lead Counsel Labor and Employment attorney in your area today.

LawInfo’s Attorney Directory. LawInfo’s Lead Counsel Program provides a simple, convenient, and reliable way to find qualified legal representation you can count on. LawInfo conducts an extensive screening and selection process before attorneys are listed in the directory, including multiple peer recommendations, license certification and in-house verification that the attorneys are in good standing with their state bar associations. 

LawInfo also provides a comprehensive profile for each attorney that outlines their experience, education, areas of practice, fees, and perhaps most importantly, their general philosophy of practicing law. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost that may be involved for your case, and provide you with a clear, fair, written agreement that spells out how they will handle your legal matter and how you will be charged. For more information see www.lawinfo.com.

Personal Referrals. Asking someone who has been in a similar situation to the one you’re facing may yield some good recommendations.  Do your friends, family members, co-workers or employers know of any attorneys who’ve dealt with this kind of thing?  How was their experience?  Did they like their attorney?  Were they satisfied with the outcome?  Did their attorney do a good job for them?   After you’ve spoken to a handful of people, you may come away with several referrals.  You might take your inquiries out into the community as well – don’t be afraid to ask teachers, doctors, social workers, ministers or other lawyers in your community for the name of an attorney.

Certified Lawyer Referral Services. State Bar associations may have a certified lawyer referral service program. This type of service refers potential clients to program attorneys after interviewing them to determine details of the situation. (There is usually a small charge for the initial consultation with a lawyer.)

Advertisements. Many law firms advertise in the Yellow Pages, newspapers or other local publications in your area.  However, the ads may only give you basic information such as firm name, address, and practice areas, which unfortunately isn’t much help when it comes to figuring out if the attorney will be the right fit for your situation.

Public Interest Groups. Non-profit public interest organizations, such as groups concerned with civil liberties or the environment, may be able to help.  These groups may have staff attorneys who might be able to handle your individual case, while others provide legal help to groups of people. For example, they might help you and your neighbors convince your city council to install a traffic light at a busy intersection.

Free Legal Aid or Pro Bono Lawyers. While many attorneys may offer free consultations, most private attorneys charge a fee for their advice and representation.  However, there may be free legal aid agencies or low-income legal clinics that may be able to help you with your legal issue if you simply can not afford an attorney.  Some private attorneys may even take your case on a “pro bono” basis, which means the fees (or a portion of the fees) may be waived. 

Dispute Resolution Programs. Many communities have programs that can help you and another person “mediate” or work out problems instead of going to trial.

Prepaid Legal Services Plans. Similar to medical insurance, this “legal insurance” may cover the kind of legal work you need. Typically, the premiums you pay entitle you to a certain amount of a lawyer’s time or to a lawyer’s services at a reduced rate.

Remember: never make a decision about an attorney solely on the basis of someone else’s suggestion. An attorney’s style and personality cannot be entirely gauged by viewing a web site, yellow page ad or a simple phone conversation. Don’t make up your mind about hiring an attorney until you’ve met with them, discussed your case, and decided that you feel comfortable working with them. The bottom line is that there are many, many attorneys; you just need the “right” one.

Although providing rest or meal breaks is not required under Federal law and the laws in most states, many employers do so anyway to comply with industry standards as set forth by the Department of Labor (DOL). Typically, industry-standard breaks allow for one, 5-15 minute break and one, 30-minute off-the-clock lunch break during an 8-hour workday. However, it has been argued that a smoking employee takes 2-4 smoke breaks per day, more or less depending on severity of habit, averaging 10-15 minutes at a time—and still clocks out for his or her official lunch break. Although most employees at some time have “overdrawn” on their lunches and allotted breaks; i.e. elongated internet surfing and personal phone calls, etc., workers who continuously take excessive, on-the-clock, discipline-free smoke breaks are causing a division within the American workplace, and are causing many non-smoking employees to see red.

Some smokers argue that smoke breaks are used as a time to reflect on work that has been completed and what still needs to get done, thus making them more productive than non-smokers. But a new study shows smokers have poorer-than-average work performance and productivity, and they also tend to call in sick more. A 2007 study of over 14,000 employees—conducted by Dr. Lundborg, an economist as well as physician—found smokers took an average of almost 11 more sick days than non-smokers. The number was adjusted to account for smokers’ tendency to work riskier jobs and have poorer overall health, bringing the difference to just below 8 days a year.

These days, employers nationwide are implementing smoke-free policies, or offering reimbursement for smoking cessation programs. Wal-Mart has introduced a voluntary program for its employees called the “personal sustainability project,” which counsels the company’s 1.3 million employees on the benefits of such things as energy efficiency and quitting cigarette smoking.

Here are some facts about smoking and the workplace, according to the American Lung Association:

• Employers that hire smokers bear indirect costs, including more employee absenteeism, productivity losses ($92 billion) and increased early retirement due to smoking-related illness.
• A study found that people who were exposed to smoke in the workplace were 17% more likely to develop lung cancer than those who were not exposed.
• Since 1999, nearly 70% of the U.S. workforce worked under a smoke-free policy. Workplace productivity was increased and absenteeism was decreased among former smokers compared with current smokers.

So what do you think? Should what is fair for some be fair for all? If smoking employees can take additional breaks throughout the day to “calm their nerves,” than should non-smoking workers have the same option, such as taking additional coffee breaks or every-other-hour walks around the block? From this worker’s perspective, I think all employees, smoking or not, should be treated equally—no butts about it.

It is important to note that unauthorized breaks, or unauthorized extension of breaks, may not be compensable time and that employment policies, collective bargaining agreements, or other arrangements addressing specific smoking breaks vary by company and by state.

For more information on your state’s laws for break-time allotment, visit the Department of Labor online. If you have questions about smoking and the workplace or workplace discrimination, contact a Lead Counsel Labor and Employment Attorney in your area today.