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The reason for an appeal, by an employee or employer, is due to the various interpretations of state and federal laws. There are many ways that state and federal laws differ.
Smoking regulations alter from state to state. In Florida smoking is not permissible in restaurants and most public places. For example, BLR Businesses Legal Reports writes the following:
The Florida Clean Air Act makes it unlawful to smoke in a public place, except in designated smoking areas. Places of employment are included in the definition of a "public place," as are government buildings, courthouses, mass transit vehicles and stations, libraries, museums, theaters, grocery stores, and restaurants seating more than 50 people...
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