LogFAQs > #883586053

They're right: smoke breaks don't count as breaks.

You can argue that they shouldn't be right, and I wouldn't disagree. But can't argue with reality.

The problem is that a lot of people smoke. Unless you work in some tiny little business, there is a non-insignificant number of supervisors and managers who also smoke. Not allowing your workers to get smoke breaks would severely limit your hiring pool and thus the growth of your business.
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We are living in a world today where lemonade is made from artificial flavors and furniture polish is made from real lemons.