Patrick Miller-Bartley
Thu, 02/08/2024
On February 1, 2024, a worker at a Georgia Wendy’s sued the owner of the franchise where she worked, as well as the Wendy’s parent company, alleging that she and breastfeeding workers nationwide had been given insufficient time and inadequate locations to pump breastmilk, in violation of federal law.
Congress passed the Providing Urgent Maternal Protections for Nursing Mothers, or PUMP, Act in late 2022, and it was signed into law by President Biden. Under the PUMP Act, employers must provide nursing employees with “a reasonable break time” to pump breastmilk, in a place, “other than a bathroom,” that is “shielded from view and free from intrusion from coworkers and the public” for at least one year after a child’s birth.
Amanda Bazzett, the employee suing Wendy’s, alleges that she was forced to pump in her restaurant’s “crew room,” which was an open space at the back of the restaurant where employees took breaks, ate meals, and stored their personal belongings. She needed to cover herself with an apron to obtain some degree of privacy, and was subject to other employees coming in and out of the crew room while she was pumping. She alleges that this ultimately caused her to experience a reduction in her milk supply for her new baby.
Ms. Bazzett alleges that such experience is common across all Wendy’s franchises, with breastfeeding employees required to pump in dirty bathrooms, stock rooms, or in their own cars. She seeks, among other things, a court order enjoining Wendy’s restaurants from engaging in further violations of the PUMP Act, as well as damages to compensate her for the harm she experienced, and punitive damages.
Because the PUMP Act is relatively new, many workers—and their employers—may not be aware of the rights it provides them. If you think that your employer is failing to offer you a reasonable time or place to pump breastmilk, do not hesitate to contact one of the experienced labor attorneys at McGillivary Steele Elkin LLP to discuss your rights.
