Whataburger fired nursing mom who needed to pump breast milk in Texas, feds say
Whataburger failed to provide a nursing mother with enough time to pump, then the restaurant fired her when she left to express breast milk, according to federal authorities.
The U.S. Department of Labor’s Wage and Hour Division opened an investigation into the Lubbock, Texas, location and found that the corporate-owned restaurant “failed to provide reasonable break time for an employee to express breast milk as required by the Fair Labor Standards Act,” according to a May 25 news release.
The woman then left the restaurant to pump, and she was fired, authorities said.
“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 the 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.”
Whataburger has resolved the violations by signing an Enhanced Compliance Agreement stating the franchise will provide training to all of its managers, according to the release.
The San Antonio-based corporation also paid $900 in back wages and $900 in liquidated damages to the woman.
“Whataburger understands the unique challenges facing nursing mothers at work and has an official company policy that upholds the right to time and privacy,” a company spokesperson said in a statement to McClatchy News. “We strongly believe that nursing mothers have the right to reasonable break time and a private place, other than a bathroom, to express breast milk.
“For more than 72 years, we have employed thousands of working mothers (and parents) and pride ourselves on the flexibility and support we offer so they can spend time taking care of their children,” the spokesperson continued. “While we are unable to comment on this particular situation, we are committed to supporting nursing mothers – and all parents – as they balance work and family.”
The FLSA states employers must provide time for nursing employees to express breast milk for one year after the child’s birth.
“Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public,” according to the law.
This story was originally published May 25, 2023 at 11:48 AM with the headline "Whataburger fired nursing mom who needed to pump breast milk in Texas, feds say."