Legal Question in Employment Law in California

clocking out for certain employees

Employees who smoke are required to do so off company premesis( just outside the entrance fence).Smoking is not permitted on company property due to a health code initiated on Jan.1,2000.The employees who smoke are not required to clockout when they smoke( leave company premsis),However employees who don't smoke , but leave company property to pick up food at a nearby restaurant behind our warehouse are required to clockout.The company says the reason for this rule is that in case someone was to get in a accident, that it would be on company time.And that the company could be liable. But couldn't the company also be liable if one of the smokers was to get in a accident due to the fact that he/she didn't clockout ? Is this a form of '' Discrimination '' or unlawful ? Thank You


Asked on 4/19/02, 3:44 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: clocking out for certain employees

it is not illegal for the company to do that. For your information, "Discrimination" is not illegal. only certain types of Discrimination are against the law and that list is very short.

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Answered on 4/23/02, 1:16 am


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