Whataburger

A Whataburger employee says she was targeted by racist harassment and denied work hours and advancement opportunities at the company’s Uvalde restaurant because she is white. Kayce McManis has sued San Antonio-based Whataburger Restaurants LLC, alleging racial discrimination, a hostile work environment and retaliation under federal law. She seeks between $250,000 and $1 million, plus attorneys fees and punitive damages. A Whataburger spokesperson said it does not comment on pending litigation. READ MORE: Whataburger hit with class action lawsuit over tobacco surcharges in employee health plan McManis says Whataburger hired her as a team leader in 2017 at a Temple restaurant, and she left in 2019. The company rehired her in March 2023 at its Uvalde location, where she still works, according to the lawsuit. She alleges that after a new general manager took over, her hours were cut and she was denied a raise and cross-training. She also says a manager repeatedly yelled at her or sent her home during shifts. The petition cites a member of the management team as saying, “if you are white, you don’t last long,” and a colleague as saying, “they are racist around here.” McManis also says a former manager told her “the reason they (Whataburger) won’t give you hours is because you are white.” READ MORE: San Antonio auto dealers agree to pay $430,000 to settle sex discrimination suit McManis alleges she complained to Whataburger’s human resources department but received little or no follow-up. She says that managers threatened her with retaliation if she filed formal complaints.  She filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964, which prohibits racial discrimination. On Aug. 10, the agency issued her a notice of right to sue, allowing her to pursue the case in court, the lawsuit says. The suit was filed Monday in state District Court in San Antonio. Dallas attorneys Joshua Bock and Kevin Moran, who represent McManis, didn't respond to an email seeking comment.

According to EEOC’s lawsuit, a general manager of a Whataburger location in Tallahassee repeatedly instructed her hiring manager to hire white, and not black, applicants for employment. When the manager complained, she was told that upper management wanted the teams to “reflect the customer base where we do business.” The manager was then subjected to physical and verbal abuse, threats, a schedule change, and additional work assignments, which ultimately forced her to resign.

A former Whataburger employee is accusing the company of illegally charging workers hundreds of dollars a year in tobacco-use health insurance surcharges in violation of federal benefits law. The proposed class action puts the San Antonio fast-food chain among a growing list of companies facing lawsuits over such surcharges, which have courts across the country grappling with how federal laws apply. The suit against Whataburger Restaurants LLC and the company’s employee benefit plan alleges they charged tobacco users about $900 a year in additional premiums while failing to comply with protections required under the federal Employee Retirement Income Security Act. The suit seeks reimbursement of the surcharges paid by employees nationwide and could affect thousands of workers enrolled in Whataburger’s health plan, which covered more than 50,000 participants at the end of 2024, according to the complaint. A company spokesperson declined to comment on the lawsuit, which was filed Tuesday in federal court in San Antonio. Whataburger has yet to file an answer to the complaint. NEW DISHES: Meet the executive chef shaping Whataburger’s menu innovations Bobbie Mitchell, a former Whataburger employee who lives in Ellis County in the Dallas-Fort Worth area, alleges the chain charged tobacco users an additional $17.31 a week — about $900 a year — for health insurance coverage. Workers were required to pay the surcharge to maintain health insurance under the plan, she says. The complaint focuses on a provision that allowed workers to receive refunds of tobacco surcharges only if they completed a company-sponsored smoking-cessation program by Sept. 30. Mitchell argues that workers who completed the program later in the year were denied the same benefit, violating federal rules governing employer wellness programs. She also says Whataburger failed to offer a smoking-cessation alternative that met federal requirements for avoiding the surcharge. Mitchell seeks to represent Whataburger workers nationwide who paid tobacco surcharges through the company’s health plan. The lawsuit estimates the proposed class exceeds 1,000 people and seeks reimbursement of surcharges, repayment of profits allegedly obtained through the program and changes to the company’s wellness program. Austin lawyer Walker Moller, who represents Mitchell, did not respond to an email seeking comment. READ MORE: Whataburger going retro with new restaurant prototype Whataburger is not alone in defending itself against such complaints. Similar lawsuits have been filed against employers including Sysco Corp., PepsiCo, Tractor Supply Co. and 7-Eleven Inc. The litigation has produced mixed results, with some courts allowing cases to proceed while others have dismissed comparable claims involving different tobacco-surcharge programs. The case against 7-Eleven is being closely watched. The convenience store operator is defending a lawsuit brought by the same plaintiffs’ law firm that filed the Whataburger case. In February, U.S. District Judge Brantley Starr in Dallas declined to dismiss the case against 7-Eleven. He found plausible the plaintiff’s allegation the company’s program did not give all workers the same opportunity to avoid tobacco surcharges and may have failed to provide required disclosures. The ruling did not determine that 7-Eleven violated the law but allowed the case to move forward. Starr’s ruling focused in part on allegations that 7-Eleven tied refunds to a completion deadline for its smoking-cessation program and treated later participants differently.  Last month, the parties jointly asked the court to pause the case while they pursued settlement discussions. Other courts have reached different conclusions. In February, a federal judge in New York dismissed a similar lawsuit against PepsiCo, adding to a growing split among courts considering tobacco-surcharge programs. The plaintiff has appealed that ruling.

Whataburger Restaurants LLC is facing a federal lawsuit challenging its practice of charging employees who smoke an extra $900 per year for healthcare coverage.

Whataburger will introduce new restaurant models and remodels that have a reduced environmental impact by using renewable resources when possible, LED lighting and more efficient equipment for 24-hour use.

29 CFR 1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye. On or about July 18, 2024, an employee was admitted to a hospital as an in-patient within 24 hours of a July 18, 2024 work-related incident that resulted in burn injuries to the employee and the employer did not report the incident to OSHA within the 24-hour reporting requirement.

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation: On or about July 18, 2024, at the kitchen, the use of eye and face protection was not enforced for an employee who carried an uncovered bucket of hot fryer grease to dump it into an outdoor container.

<table id="DataTables_Table_0"> <thead> <tr><th rowspan="1" colspan="1">Recipient</th><th rowspan="1" colspan="1">Total</th><th rowspan="1" colspan="1">From Individualsimore info </th><th rowspan="1" colspan="1">From Organizationimore info </th><th rowspan="1" colspan="1">Typeimore info </th><th rowspan="1" colspan="1">view</th></tr> </thead> <tbody> <tr> <td>National Republican Senatorial Cmte</td> <td>$3,042</td> <td>$3,042</td> <td>$0</td> <td>Political Party</td> <td>Republican</td> </tr><tr> <td>Trump, Donald</td> <td>$2,475</td> <td>$2,475</td> <td>$0</td> <td>Candidate (R-PRES)</td> <td>Republican</td> </tr><tr> <td>National Republican Congressional Cmte</td> <td>$2,078</td> <td>$2,078</td> <td>$0</td> <td>Political Party</td> <td>Republican</td> </tr><tr> <td>Zinke, Ryan</td> <td>$1,524</td> <td>$1,524</td> <td>$0</td> <td>Candidate (R-MT01)</td> <td>Republican</td> </tr><tr> <td>Cruz,

Whataburger is providing $500,000, and Dr. Pepper is adding another $100,000 to deserving students who live or will be attending school within 25 miles of a Whataburger restaurant.

Whataburger donates $200,000 to the San Antonio Food Bank on Friday, Oct. 4, 2024.

Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found a corporate-owned location of Whataburger Restaurant LLC failed to provide reasonable break time for an employee 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, the employer terminated the employee. 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.

A Texas Whataburger manager smashed an unruly customer with a trash can after the suspect allegedly berated staff, returned to the restaurant drunk and attacked the employee.