Although I am sympathetic with OP's feelings that a strict 9-5 rule is most likely unhelpful for everyone, I do think if the engineer took a confrontational tone, the manager would have no choice but to call his bluff. Any other move, and no one would take that manager seriously again. Therefore, the top answer in the original post is correct: ask nicely, and if compromise is impossible, start interviewing elsewhere. If he can really get a 40% bump, it's probably worth taking that.