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Being Kept Prisoner California

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  • Being Kept Prisoner California

    I work at a Convenience Store/Gas Station, on the midnight shift, and have no so called "official" break times. In fact if I am by myself, I am unable to step away for a break at all.

    When I do get a break, are they allowed to require me to stay in the store, where no break room is provided? I am a smoker, and want to take this time to step outside and have a cigarette. There is no rule for the daytime people not to smoke outside (of course not by the gas pumps), but this rule comes in effect after 7pm. Management has stated that even when there are 2 people on, this rule is expected. The only time we are allowed to be outside is to clean the gas pumps.

    Any help would be appreciated.

  • #2
    Yes, you can be required to stay in the store. The fact that you are a smoker (in fact, so am I) is irrelevant.
    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
    http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      Yes, you can be required to stay in the store. The fact that you are a smoker (in fact, so am I) is irrelevant.
      http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
      http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
      Pattymd, we will miss you on your early demise!

      Please stop smoking.

      I will never mention this again!
      “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

      --Benjamin Franklin

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      • #4
        Originally posted by seniorjudge View Post
        Pattymd, we will miss you on your early demise!

        Please stop smoking.

        I will never mention this again!
        Appreciated. For both. I kept saying that once I lost my weight, I'd work on the smoking thing.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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