District Judge Joseph F. Bianco
Employee Lico worked at TD Bank branch location from September 2008 to May 2012. Giving birth in December 2011, Lico returned from maternity leave in March 2012. The branch’s assistant manager told Lico—actively nursing her child—that she could take only two daily breaks to express her breast milk, and had to take her lactation breaks in the restroom. After objecting to use of the allegedly unsanitary restroom, the manager directed Lico to use the mailroom, which did not afford Lico privacy. The manager later directed Lico to use the safe-deposit room. Distinguishing Salz v. Casey’s Marketing Co., the court denied TD Bank’s motion to dismiss Lico’s lawsuit alleging failure to provide her with an adequate space to express breast milk, did not permit her to take necessary lactation breaks during her work day, and that she was fired because she sought to exercise her rights under §207(r) of the Fair Labor Standards Act as a nursing mother. While concluding Lico plausibly alleged a claim for compensable damages, consistent with the remedies permitted under FLSA §216(b), the court observed that while a plaintiff may bring suit individually for a §207(r) violation, she may only recover lost wages attributable to the §207(r) violation.