Legal Question in Employment Law in Pennsylvania

Re: smoking at work place

You asked about a strict workplace anti-smoking policy.

Anti-smoking policies have been granted a lot of leeway. More than a few employers have complete bans on employee smoking whether it is on or off the clock. And so far the courts have upheld the policies as allowable.

What you describe is actually fascism, not communism.

You are better off getting in your car leaving the area of your workplace for your smoking breaks. As a non-smoker I understand the employer's position. They don't want smokers congregating in an area. It is nasty for non-smokers to have to walk through a haze of smoke to enter a non-smoking building. But also, smokers do have rights and they should be able to smoke in an appropriate place.

More than likely you employer gets a big break on its property and health insurance premiums for having strong anti-smoking policies. It's hard to argue against a valid business reason for a policy.

Regards,

Roger