The Department of Labor found that the store denied an employee break time to express breast milk and then fired her for leaving the premises to do so. SanAntonio SATX SanAntonioTX SanAntonioFood SanAntonioRestaurants
The franchisor was ordered to pay $900 in back wages and $900 in liquidated damages to the employee.Fair Labor Standards ActThe Department of Labor’s Wage and Hour Division found that the corporate-owned location denied an employee a reasonable break time to express breast milk as required by the Fair Labor Standards Act. Investigators also determined that, when the employee left the premises to express milk, Whataburger terminated the employee.
“Depriving a nursing mother of her right to express breast milk with enough break time to do it, and then firing her is against the law,” Wage and Hour District Director Evelyn Ortiz said in a release. “Employers must comply with all of the FLSA provisions, including the right of nursing mothers to request the time and space they need to express milk without fear of retaliation.”
To resolve the violations, the San Antonio-based franchisor signed an Enhanced Compliance Agreement stating it will provide FLSA training to all managers in the future, Department of Labor documents show.
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