A viral TikTok video of a South Carolina Burger King worker, Nykia Hamilton, managing an entire restaurant alone for 12 hours has sparked nationwide conversation.
The video—viewed millions of times—shows Hamilton running the drive-thru, prepping food, cleaning, and serving customers single-handedly. She later told WACH News:
“One of my employees just quit on me, and they didn’t have anyone else to come in, so I had to work by myself and close by myself.”
Despite the overwhelming conditions, Hamilton expressed gratitude for the job—one of the few available to her as a single mother with a criminal record. Her dedication is admirable, but the circumstances highlight serious legal and HR issues employers cannot afford to ignore.
The Legal Risks of Understaffing
Burger King responded that its policy requires more than one team member per shift. However, as I often tell clients, having a policy means nothing if you don’t back it up with action.
When a single worker is left to handle an entire location, employers risk:
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OSHA Violations – Understaffing can create unsafe working conditions. Employers have a duty to ensure a safe workplace under the Occupational Safety and Health Act.
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FMLA and ADA Concerns – If an overworked employee develops a physical or mental health condition, the Family and Medical Leave Act or Americans with Disabilities Act may apply. Employers must recognize and respond appropriately to these protections.
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Workers’ Compensation Claims – Fatigue and stress-related injuries may lead to claims. If the working conditions contributed, the employer could face liability.
The HR and Retention Perspective
Hamilton’s story is also a cautionary tale about employee burnout, retention, and morale.
When employees are asked to shoulder an unreasonable workload, even the most dedicated team members eventually burn out. High turnover, absenteeism, and low morale follow—problems that cost companies far more than maintaining adequate staffing levels.
Adding to this complexity is the question of second-chance hiring. Hamilton was grateful for the job because it was one of the few available to her. This underscores why Ban the Box laws exist—to give applicants with records a fair chance. Yet, workers with records often end up in low-support, high-risk environments where turnover is high.
The Business and Brand Consequences
The viral TikTok is more than a labor story—it’s a brand reputation issue.
One commenter summed up consumer perception bluntly:
“Another reason I won’t eat fast food anymore—they don’t care about their employees or customers.”
In today’s digital age, one viral video can damage a company’s reputation faster than any lawsuit. Consumers pay attention to how businesses treat their workers, and so do potential employees.
Lessons for Employers
The Burger King incident offers powerful lessons for business owners, executives, and HR leaders:
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Staffing isn’t just an operational issue—it’s a legal risk.
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Written policies must align with reality. Enforcement is key.
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Burnout leads to turnover. Overworked employees will leave, creating a costly cycle.
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Reputation matters. A single negative story can undo years of branding efforts.
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Support your workforce proactively. Don’t wait for a viral video to highlight systemic problems.
The Humanity Behind the Headlines
While the viral video sparked outrage, it also sparked compassion. A TikTok user encouraged Hamilton to start a GoFundMe, which has since raised over $45,000. Watch Fox gave her $500.00. The public saw her dedication and wanted to help.
But here’s the takeaway for employers: Your employees shouldn’t need a GoFundMe—and a viral TikTok—to be seen, supported, and protected.
Final Thought
If your company is struggling with understaffing, retention, and compliance, ask the hard questions:
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Why don’t people want to work here?
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Are we creating safe, supportive conditions that attract and retain talent?
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Are our policies actionable—or just words on paper?
- What can we do to improve?
Proactive employers who address these issues head-on reduce legal risks, strengthen their workforce, and protect their brand.
💬 What’s your experience with understaffing challenges? Have you seen similar situations play out in your industry?
Share your thoughts—I’d love to hear from HR leaders, business owners, and executives navigating these same challenges.
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💼 Maybe You Think Everything’s Fine? That’s What Most Employers Think—Until It Isn’t.
Compliance gaps, unclear policies, and communication breakdowns often fly under the radar—until they result in:
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Employee lawsuits
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Failed DOL or EEOC audits
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Union activity
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High turnover
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Trouble attracting and retaining top talent
If you’re ready to get ahead of these hidden legal and operational risks, let’s talk.
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