Designated Smoke Area Removal

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Designated Smoke Area Removal

I work for a fruit factory in Del Rey California and they have had designated smoking areas on the premises for years. On the first of this year, my employer removed the designated smoking areas and declared that the entire property is now smoke free. Is there any legal recourse for this action? Would an employer need consent from his/her employees to take away all smoking areas on the premises? Thank you for taking my question.

Asked on January 3, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that most employment is "at will", which means that a company can set the conditions of the workplace much as it sees fit. This includes whether or not to provide workers with designated smoking areas. This is true unless such action contitutes some form of legally actionable discrimination, which it does not since smoking is not a legally protected activity. Or such action violates the terms of a union/collective bargaining agreement or employment contract, which you did not indicate.


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