Dunkin’ worker, denied sick leave after COVID-19 diagnosis, is awarded backpay, feds say
A Dunkin’ doughnut shop in Georgia wrongly denied a worker paid sick leave after the person contracted the coronavirus, the U.S. Department of Labor said Friday.
Now the employee will receive $1,040 to compensate for time spent self-quarantining, officials said in a news release.
“The Wage and Hour Division encourages employers to use the multiple tools we offer to gain a clear understanding of their responsibilities under this new law, and avoid violations,” Wage and Hour Division District Director Steven Salazar said in the release.
A representative for Dunkin’ told McClatchy News its restaurants are independently owned.
“Franchisees... are responsible for making their own business decisions, including but not limited to hours of operation, employee wages and the benefits they offer their employees,” the company said in a statement. “They are required to comply with all applicable local, state and federal laws.”
According to the Labor Department, investigators determined Boston Coffee Inc. — which operates a Dunkin’ in Suwanee, Georgia — violated the Families First Coronavirus Response Act when it denied the employee emergency paid sick leave after the person was diagnosed with COVID-19. Suwanee is about 40 minutes northeast of Atlanta.
“After WHD contacted the employer, they agreed to pay the back wages and comply with the FFCRA’s requirements in the future,” the news release states.
The FFCRA, which was signed into law on March 18, requires companies offer up to two weeks paid sick leave for eligible employees.
The law applies to part-time, full-time and self-employed workers who are in quarantine, waiting for a COVID-19 diagnosis, have coronavirus symptoms or are taking care of a sick family member, McClatchy News previously reported. Covered employers include any company with fewer than 500 employees.
But small business with less than 50 employees are entitled to certain exemptions “if the leave requirements would jeopardize the viability of the business as a going concern,” according to the Department of Labor.
The department’s “Quick Benefits Tips” outlines how much paid sick leave a person might be entitled to under the FFCRA.
This story was originally published November 23, 2020 at 1:12 PM with the headline "Dunkin’ worker, denied sick leave after COVID-19 diagnosis, is awarded backpay, feds say."
