What are the CA, labor laws for breaks. ( How often and and how many breaks allowed per 12 hour shift ). Do employers have the right determine what an employee can or can't do while on their breaks. Also are smokers allowed more breaks because they are smokers?

What are the CA, labor laws for breaks. ( How often and and how many breaks allowed per 12 hour shift ).
See the site below. Generally 10 minutes net per 4 hrs worked plus meal periods.
http://www.dir.ca.gov/IWC/IWCArticle5.html

Do employers have the right determine what an employee can or can't do while on their breaks
Some things are controllable. Being more specific would help.

Also are smokers allowed more breaks because they are smokers?

Not required by law but possible. No laws regarding non smoker discrimination that I'm aware of.

No state requires smokers to receive more breaks. I suppose an employer could offer more breaks to smokers but I would also expect the non-smokers to scream bloody murder if the employer did (and rightfully so - I sure would).

Do employers have the right determine what an employee can or can't do while on their breaks

EX: power naps, studying for class, doing homework for school, to name a few examples.

No state requires smokers to receive more breaks. I suppose an employer could offer more breaks to smokers but I would also expect the non-smokers to scream bloody murder if the employer did (and rightfully so - I sure would).


I agree. But what can be done for non-smokers who do not take smokers breaks but employer is coming down on only taking the minimum amount of time for break. But smokers take that and also smoker's breaks. I know it probably makes alot of smokers mad. But honestly how fair is it for us non-smokers who do not get those extra breaks? What can be done?

So, if I'm understanding you correctly, smokers get longer or more frequent breaks than nonsmokers? The nonsmokers need to stand up together about this. Now normally, I don't advocate complaining about what others get as long as you are getting what is required by law (which you appear to be). However, in this case you really do have an unfair situation, and it's possible that management does not understand how unfair this is and how it is affecting employee morale. And that's the way I'd present it. Not accusatory, not threatening to quit or anything, just factually.

And I'm a smoker. :p