The franchisor was ordered to pay $900 in back wages and $900 in liquidated damages to the employee. Credit: Shutterstock / Moab Republic

Editor’s Note: This story has been updated to include a statement from Whataburger’s corporate office.

This week, the U.S. Department of Labor found that a Lubbock, Texas, Whataburger has violated the Fair Labor Standards Act and now must pay $1,800 in back wages and damages to an illegally fired employee.

The 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.

The franchisor was ordered to pay $900 in back wages and $900 in liquidated damages to the employee.

Whataburger’s San Antonio-based corporate office offered this response to the Lubbock incident:

“Whataburger understands the unique challenges facing nursing mothers at work and has an official company policy that upholds the right to time and privacy. 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. … 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.”

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This article appears in May 17-30, 2023.

Nina Rangel uses nearly 20 years of experience in the foodservice industry to tell the stories of movers and shakers in the food scene in San Antonio. As the Food + Nightlife Editor for the San Antonio...