johndelko408

I couldn't figure out what forum to post this. Does any one know the legality under California law regarding smoke breaks? My employer just told me that I'm not allowed to go outside at night for a smoke break. I'm the only one on my workforce that smokes, so I kind of feel that I'm being discriminated against. They lock the front door at night, but there is a roll up shipping door that I can open to go out and have my smoke. Is it legal that they can forbid me from going out to have a smoke?

This is also of the topic of smoking but another thing they do is make me do all the heavy lifting being that I'm the only male on my work crew. California is an equal opportunity state. The application specifically asks if asks if you can lift a box of a certain wait, but yet I'm expected do do all the lifting which slows me down so I can't reach my quota.

glitter

I don't know about the legalities of it, but that's ridiculous and they're pushing it especially if it's an unpaid break. Pretty sure they can't tell you what to do on your own time or keep you locked inside a building.

I smoke (ugh). In the matter of a couple of years my former employer (a hospital) went from no smoking within 20 feet of any building entrance to smoking in a specific place only (very inconvienent for employees and visitors especially if it's raining) to being a completely smoke-free campus where there's no smoking permitted within a perimeter outlined by the roads surrounding the campus. This is a HUGE campus.

When they had everyone who needed a smoke going to the same small place, it was very uncomfortable. Employees/visitors should not mix on the employee's break....just not right. At night people broke the rules all the time including the security people who smoked. But if someone was caught and reported they would be oficially "warned" and a report would go in their personnel file. The unions (2) couldn't or didn't have any say in any of the rules and one could actually be cited by police if they were caught by them.

If they tried to keep us locked in the building I KNOW that would NOT be okay. It's rough as you are the only smoker, John. NOt fair.

Mark75

If they own the loading dock, well, they can designate it not smoking. If you leave the property though, and unless they have a policy about leaving the property on breaks, etc... maybe that's your solution.

Or, just wait until you get off.

SSIL75

Is it your actual break time? Are you mandated to stay in the building during your break time?

johndelko408

That would all be stuff that I couls find out by looking in the employee handbook correct? Speaking of which they never gave me one.

ViciousCycle

Here are a couple links I have found.
AB-13 FACT SHEET - California Workplace Smoking Restrictions

California Smoking Laws | eHow.com

ItsMe23

one place i worked overnight did that to us too. People started smoking in the bathroom lol