The U.S. Department of Labor has mandated the Southlake location of a national childcare provider to reinstate an employee and compensate them with $43,295 in back wages and damages. The employee was terminated after reporting concerns about unsanitary and unsafe conditions in the facility’s kitchen to Texas health officials.
An investigation by the department’s Occupational Safety and Health Administration (OSHA) concluded that LSP Operations LLC, operating as Little Sunshine Playhouse Operations, retaliated against the employee for actions protected under the Food Safety Modernization Act. The Southlake location is a subsidiary of Little Sunshine’s Enterprises Inc., based in Springfield, Missouri.
The employee had informed both the company and the Texas Department of Health and Human Services in August 2023 about several issues: the kitchen was not being cleaned overnight, an unsanitary area was used for food preparation, and food was stored at unsafe temperatures. Additionally, the employee reported suffering severe rashes due to the kitchen's conditions.
“Our investigation found Little Sunshine Playhouse Operations punished an employee who reported unsafe and unsanitary conditions in the facility’s kitchen out of concerns for the health of infants, young children, and staff,” said OSHA Regional Administrator Eric S. Harbin in Dallas. “Every employee has the legally protected right to warn others about safety concerns and the right to do so without fear of an employer’s retaliation.”
Beyond reinstating the worker and paying back wages and damages, OSHA also instructed Little Sunshine Playhouse to cover $5,500 in attorney’s fees.
Little Sunshine’s Enterprises Inc. operates 35 early learning centers for children aged six weeks through pre-kindergarten across Arkansas, California, Colorado, Georgia, Illinois, Kansas, Missouri, Tennessee, and Texas.
OSHA’s Whistleblower Protection Program enforces whistleblower provisions of more than 20 statutes including those under the Food Safety Modernization Act which protect employees from retaliation for reporting workplace safety and health violations. For further information on whistleblower protections, visit OSHA's Whistleblower Protection Programs webpage.
The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.
