Legal Question in Health Care Law in California
Ca Labor Code 6404.5 smoking ordinance
To whom it may concern,
I am interested in the anti-smoking legislation currently in force in California, as it regards to a future business I may get into. Specifically, I want to know the parameters of section 14 of Labor Code 6404.5 as it pertains to the workplace and the number of employees I can have in order to allow smoking at my establishment.
My business would be a European style coffee shop where I would like my customers to be able to smoke indoors. As I understand the law, employers with a total of five or fewer employees, either full-time or part-time, may permit smoking. Is this factual? Any recent litigation or information you have would be appreciated.
1 Answer from Attorneys
Re: Ca Labor Code 6404.5 smoking ordinance
You are correct about the general rule. However, there are numerous requirements that must be satisfied by the employer if this exception is to apply. These requirements are too detailed to discuss in this forum.
Please feel free to call my office for further information.
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