New York and New Jersey both prohibit workplace smoking. However, the growing popularity of electronic cigarettes poses new questions about employer anti-smoking policies.
E-cigarettes do not contain tobacco, but rather use heat provided by a battery to vaporize a liquid solution containing nicotine. Accordingly, they often do not fall under state laws governing workplace smoking.
For example, the New York State Clean Indoor Act defines “smoking” as the “burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco”, a definition that arguably does not prohibit vaporization. New Jersey is currently the only state that amended its laws to expressly include electronic cigarettes. The Smoke-Free Air Act specifically prohibits the use of electronic smoking devices in workplaces and other public indoor spaces.
When state laws do not expressly prohibit “vaping,” employers must decide whether to implement policies that ban all types of smoking in the workplace. Supporters of e-cigarettes argue that they do not pose health risks and may improve employee productivity by eliminating the need for “smoke breaks.” Meanwhile, critics contend that the tobacco-free cigarettes may still contain dangerous chemicals, bother co-workers, and appear unprofessional to customers or clients.
The bottom line is that, until state and local laws are enacted, employers are free to weigh the pros and cons to make their own policy determination. The key to avoiding problems is to ensure that employees understand what is and is not permitted.
If you have any questions about electronic cigarette policies in the workplace or would like to discuss the legal issues involved, please contact me, Donald Pepe, or the Scarinci Hollenbeck attorney with whom you work.
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Zoning Laws Explained: What You Need to Know Before Buying Property
Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future
For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
What Every Real Estate Investor Should Know Before Buying a Rental Property
Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Can You Change an Irrevocable Trust in New Jersey?
In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
How Intellectual Property Valuation Will Impact Business Transactions
Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
