However - my scenario still can hold true.
I would venture to say based on the position he holds - this guy is not a regular employee (they call them exempt around here)and most likely puts in closer to 60 than 40 hours a week.
That not withstanding - this guys crime is not how much time he spent taking smoke breaks - but the fact that the New York Post wrote a story about it at the time the Mayor is trying to rid the city of smokers.
The anti smokers (not referring to you) have brought upon themselves the anger of the smokers because in their book there is no compromise. For years designated areas, including private offices for smoking workers worked just fine. But that wasn't good enough - so smoking allowed break rooms were created....but then that wasn't good enough. Smokers got kicked out of the building and the antis started whining about smokers outside the buildings. Now they just whine - period.
Private businesses in Delaware that created enclosed outside smoking areas for their emplioyees, at their own expense in order to comply with state law will no longer be able to utilize them come Novemeber 27, when the state wide smoking ban goes into effect. Smoking will no longer be permitted in any enclosed building except private homes.
That is stealing from taxpayers as well. when a taxpaying business spends money to comply with a law and it is changed with no recourse - the government is stealing from the taxpayer and thus the smokers.