In California, the Industrial Welfare Commission Wage Orders require that employers have to allow nonexempt employees to take a rest period that must be taken in the middle of each work period.
The rest period is based on the total hours you work daily and must be at the minimum a total of ten consecutive minutes for each four hour work period.
Under California law, rest period time is based on the total hours worked daily, and only one ten-minute rest period need be allowed for every four hours of work.
So, no, you cannot have more rest break if you’re a smoker — unless if your employer expressly allows you to.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/
