McDonald’s Workers Sue for Lack of Breaks and Private Space for Nursing, in Violation of PUMP Act

On February 14, 2024, McDonald’s workers Kathleen Faber and Lexis Mays brought a nationwide collective action against the company and its franchisees for failing to provide sufficient breaks or private spaces for employees who were lactating, in violation of the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”).  

The PUMP Act requires an employer to provide: “(1) a reasonable break time for an employee to express breast milk for such employee’s nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and (2) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”   Employers who violate the PUMP Act “shall be liable for such legal or equitable relief as may be appropriate,” including reinstatement, lost wages and liquidated damages.  Other relief may include damages for emotional distress, punitive damages, and attorneys’ fees and costs.

According to the lawsuit, Ms. Faber gave birth to a child in September 2023 and began working as a night manager in Haysville, Kansas in January 2023.  During about half of her shifts, she did not have a break and could not pump at all.  Further, she had to pump either in the corner of a stock room out of camera view when on duty with a female employee or in a bathroom when on duty with a male employee.  Since she often could not pump at all, Ms. Faber suffered engorgement, among other things, causing her pain and discomfort.  In May 2023, Ms. Faber was forced to quit due in large part to the lack of accommodations. 

Similarly, according to the lawsuit, Ms. Mays gave birth to a child in January 2023 and returned to her position as a manager in Clinton, New York in the last week of February 2023.  Ms. Mays was unable to pump “each time” she needed because she was the only manager on duty at times.  Further, she was told to pump in a back office without a door where crew members walked in and out while she pumped.  Since she could not pump every time she needed, Ms. Mays suffered a reduction in her milk supply.  

In addition to engorgement and reduced milk supply, both Ms. Faber and Ms. Mays allege suffering emotional harm, including embarrassment, anguish, and humiliation. 

Ms. Faber and Ms. Mays allege that McDonald’s could have provided portable lactation pods, a “widely available and simple solution for Defendants to accommodate their lactating employees,” but failed to do so.