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-smoking on the clock- California

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  • -smoking on the clock- California

    I have an employee who always seems to answer his phone, text while working, then during his time working desides to have a smoke break which is about 45 min. apart.
    Is it legal to enforce a smoke on break only policy? It is really hurting production, as well as other employees asking for their extra breaks during the day because they are non- smokers. I am caught because he is a friend ( big mistake hiring him) and am not sure how to deal with this problem. Please help.

  • #2
    If he's a friend, call him in for a meeting, shut the door and tell him that he's putting you on the spot and causing trouble for you. You did him a favor by hiring him, and he should return the favor by setting a good example not a bad one. Tell him it reflects badly on you, it looks like your playing favorites by letting him get away with this crap, and that morale is taking a nose dive because of it. Then tell him that if it doesn't stop, friend or no friend, you've got to let him go, because he's jeopardizing YOUR job as well.

    Tell him no smoking,except on breaks, no texting, and to turn off his cell phone while he's on the clock. Starting immediately. He's taking advantage of your friendship, and that's no friend.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.


    • #3
      You're hurting the morale of your employees by NOT doing something. Implement a plan of action that is required for all employees, not just one.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.


      • #4
        Originally posted by dodi2003 View Post
        Is it legal to enforce a smoke on break only policy?
        Yes, this is legal.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


        • #5
          There is NO state where an employer is required to allow smoke breaks. In many states, it would even be legal to prohibit smoking on the regularly scheduled breaks.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.