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Ohio Labor Laws About Cigarette Breaks

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    Federal Law

    • Federal regulations apply to breaks voluntarily provided to workers. For example, the Code of Federal Regulations at 29 C.F.R. 785.18 applies to rest periods of between five and 20 minutes. This Code section indicates that such breaks are "common" and that they promote worker efficiency. The section further provides that this break time must be counted as hours worked.

    Ohio Law

    • The Ohio Bureau of Labor and Worker Safety directly addresses the issue of worker breaks on the "Frequently Asked Questions" section of its website. The Bureau specifies that employers are not required to provide lunch breaks or even restroom breaks to workers. Ohio law provides this job benefit to only one class of employees.

    Minor Workers

    • In Ohio, employees under 18 years of age must get a 30 minute break for every 5 hours worked. The Ohio Revised Code, Title 41, Chapter 4109.07 provides that employers do not have to pay minors the 30 minutes on break. Chapter 4109.99 provides that any employer not providing a minor worker with the legally required break is guilty of a minor misdemeanor.

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