If I am a smoker, can I get additional breaks?
No. If you are a smoker, you are not entitled to any additional breaks. In California, rest periods are based on the amount of hours you work, which is one 10-minute rest for every four hours of work. Under California law it is okay for an employer to deny you additional rest periods for smoking. There would be no grounds for you to file a California rest period wage claim.
Example:
Joe’s employer allows him one 10-minute break for every 4 hours he works. Joe asked his employer if he could have additional breaks because he smokes cigarettes. Joe’s employer said no. Under California law, Joe’s employer is allowed to say no to Joe and only allow him one 10-minute rest period for every 4 hours of work. Joe has no grounds for filing a rest period wage claim in California.
If you have a question about California rest period law or want to file a rest period wage claim, contact Strauss & Strauss APC now.