Updated
September 27, 2023
If you nursed after January 1, 2023 and McDonald's gave you no clean, private space to pump, federal law may entitle you to a remedy.
What Is the McDonald's Employee Breastfeeding Accommodations Investigation?
Calling all McDonald's employees who are nursing mothers and need their employer to provide a safe and private location to pump. If McDonald's failed to provide you with a clean, secure space to pump breast milk, your rights may have been violated and you may have a claim.
Status
Active Investigation
attorneys are evaluating potential PUMP Act / FLSA claims
Who May Qualify
Nursing McDonald's employees
workers who nursed after January 1, 2023 and had no clean, private space to pump
Estimated Payout
Varies
no settlement or fund exists; any recovery would depend on the outcome
Proof Required
Yes
employment records and details of the pumping accommodations denied
Which Law Protects Nursing Mothers?
The Fair Labor Standards Act (FLSA) is a U.S. federal law that establishes minimum wage, overtime pay, and child labor standards for most employees. It aims to ensure fair working conditions and protect workers' rights.In December 2022, President Biden signed the PUMP for Nursing Mothers Act into law ,which is part of the Consolidated Appropriations Act, 2023, This act extends the rights of nursing employees to receive break time and a private place for pumping breast milk while at work. This measure is designed to support working mothers who are breastfeeding their infants.
The PUMP Act builds upon the existing provisions of the Fair Labor Standards Act (FLSA), which initially provided certain nursing employees with these rights. The PUMP Act expands the scope of these rights, potentially covering more nursing employees and ensuring that they have the necessary accommodations to pump breast milk while at their workplace.
To learn more about which protections the FLSA grants as well as what additional legal ramifications the PUMP for Nursing Mothers Act provides, visit the United States Department of Labor here.
What Are Some Common Breastfeeding Accommodations in the Workplace?
• Designated Nursing Room: Employers may provide a private and comfortable space for breastfeeding or expressing breast milk. This room should be shielded from view and free from intrusion by other employees or the public.• Breast Pump-Friendly Environment: Employers might allow employees to use breast pumps during work hours, providing access to an electrical outlet and a clean and private area to set up the pump.
• Flexible Break Times: Breastfeeding employees may be given flexible break times to allow them to express milk when needed. This can be in addition to regular break times.
• Paid or Unpaid Breaks: Some companies may offer paid breaks for breastfeeding or pumping, while others may provide unpaid breaks, depending on local laws and company policies.
• Storage Facilities: Employers might offer a refrigerator or other appropriate storage facilities for storing expressed breast milk during the workday.
• Work-From-Home Options: In some cases, employers may allow breastfeeding employees to work from home or have a flexible work arrangement, which can make it easier for them to breastfeed or pump.
• Educational Support: Employers may provide educational resources and support to breastfeeding employees, helping them understand their rights and the available accommodations.
• Supportive Workplace Culture: Encouraging a supportive and understanding workplace culture can help breastfeeding employees feel comfortable discussing their needs and accessing accommodations.
It's essential to note that the specific accommodations available will depend on the legal requirements and the company's policies in each jurisdiction.
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How Do I Qualify for Compensation?
If you breastfed your child after January 1, 2023 AND McDonald's did not provide you with a clean, secure space to pump, please use the links below in order to get a quick, confidential, and risk-free consultation. If you work for a different employer but believe that you may qualify for compensation, read more here to learn more about how to file a claim.Free settlement alerts
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