<human>: I have been working at an Asian cuisine restaurant for a couple months now and things have generally been going well. I'm one of the only white staff at the restaurant and the rest is in one way or another related to the owner. The other night one of my co workers asked if I wanted to step out back with him and shoot shit while he smoked. It was later in the evening and I had one table that was eating their main course and had all drinks filled. When I walked back in, the fry cook (brother to the owner) yelled at me saying I can't take smoke breaks while I have a table and stated I would be done (fired) if I did it again. Immediately I wanted to explode on him and yell back at him about how he consistently smokes in the kitchen and how he never says anything to any one else. I felt discriminated against hard. Being the bigger person I said yes sir and moved on. I am just curious if it is in fact illegal for him to smoke in the kitchen during business hours. The restaurant is in Virginia and I have tried googling but can't really find a solid answer. Sorry for the wall of text and rant. Thanks for any advice or help in advance!

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<bot>: restaurant is located in Virginia and one of the cooks frequently smokes cigarettes in the kitchen. Is this legal or illegal, and to what extent?