Department Smoke Practice
Unfair Labor Practices Montana Where To File Complaints?
Montana Labor Laws
Here is the situation i work at a paticular place, in helena, montana, and the General Manager put this policy in place and it just dont seem paticularly lawful if you know what i mean hears a quote of the full policy:
“Anyone who smokes will be required to clock out at 11:30 on Tuesday and Fridays to clean up the cigarette butts by the associate entrance. If you have any questions, please see me or your manager.”
Heres were my issue is:
“Clock Out” – to clean a place on company property
“Anyone who smokes” – I am a smoker but i actually
clean my butts up by putting it out and throwing it in
the trash – Discrimination
Not to say it would happen but would if someone was injured while doing the cleaning your not covered by insurance because your not on the clock.
Is this legal in montana and if not were can i file a complaint this company has a corporate office should i try there first or file with montana department of labor.
It isn’t illegal discrimination because smokers are not a protected class. It is a violation of wage and hour laws because they are requiring you work for the benefit of the company “off the clock”.
Send a copy of that policy along with information on the name of the business to:
Wage and Hour Unit
Labor Standards Bureau
Employment Relations Division
PO Box 201503
Helena, MT 59620-1503
(406) 444-5600
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