Are you compliant for nursing mothers?

Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and Pregnant Workers Fairness Act (PWFA)

​When you have a 4000+ page Bill that is passed at one time, you will need to take time to dig through each of the pieces that could affect employers so please bear with me as I highlight different items that were passed in that very large Omnibus Bill over several monthly meetings. Some of these Bills are just new laws that update on old laws. The PUMP for Nursing Mothers Act (“PUMP Act”) is a new law that makes several important changes to the Break Time for Nursing Mothers law, which has been required since 2010 that employers nationwide provide reasonable break time and a private, non-bathroom space for lactating employees to pump milk during the workday. The December 29, 2022 PUMP Act that was passed with the Omnibus Bill was set forth to close some of the loopholes in the original 2010 law.

What rights do lactating employees have under the law?

Under the Break Time for Nursing Mothers law, as updated by the PUMP Act, employers of ALL sizes are required to provide a reasonable amount of break time and a clean, private space for lactating workers to express milk for up to one year following the birth of the employee’s child. The pumping space cannot be a bathroom. These protections apply regardless of the employee’s gender.

Employers that have fewer than 50 employees are covered by the law and must provide break time and space; however, they may be excused from complying when providing the required break time and space would impose an “undue hardship. Undue hardship is extremely rare. In almost all situations, employers with fewer than 50 employees must provide the required break time and space.

Employees may have additional rights to receive break time, space, and modifications at work for lactation under other federal and state laws.

What changes were made by the PUMP Act?

• It expands the legal right to receive pumping breaks and private space to previously excluded workers including teachers, registered nurses, farmworkers, salaried employees, and many others.
• Makes it possible for an employee to file a lawsuit against an employer that violates the law. Before the PUMP Act became law, employees who were harmed when their employer did not provide break time and space were not able to seek a monetary remedy in court.
• Clarifies that pumping time counts as time worked when calculating minimum wage and overtime if an employee is not completely relieved from their work duties during the pumping break.

Who is not protected by the PUMP Act?

Unfortunately, airline flight crewmembers (flight attendants and pilots) remain uncovered by the law. Airline employees who are not crewmembers are covered and have the same right to receive break time and space as employees in other industries. Many crewmembers – as well as workers in all industries - have a right to lactation break time and private space under other federal and state laws or through their employer’s internal policies. They may be able to receive break time and space as a reasonable accommodation under the Pregnant Workers Fairness Act when that law goes into effect on June 27, 2023.

When does the PUMP Act go into effect?

The legislation’s requirement to provide lactation break time and space to previously uncovered workers went into effect on December 29, 2022. The law’s expanded enforcement provision, which gives a right to file a lawsuit for monetary remedies, included a 120-day delay, making the effective date for that provision April 28, 2023. In addition, there is a 3-year delay in the implementation of the protections for certain rail carrier and motorcoach employees.

What can an employee do if their employer refuses to comply with the law?

If an employer refuses to comply with the law, employees can take action in a number of ways:

1. Employees can file a complaint with the U.S. Department of Labor Wage and Hour Division (WHD).

2. Employees may also contact the free helplines from the Center for WorkLife Law and/or A Better Balance for assistance in understanding their legal rights and options.

3. Employees may choose to file a lawsuit against their employer.

A lawsuit can be filed right away in the following circumstances:

• For violations of the break time requirement.
• If the employer has indicated it has no intention of providing private space for pumping.
• If an employee has been fired for requesting break time or space.

It is important to be aware that to be allowed to file a lawsuit for a violation of the lactation space requirement, an employee must notify their employer that an adequate space has not been provided. Employees must do this 10 or more days before filing a lawsuit in court. Informing an employer that the lactation space is not adequate may give the employer an opportunity to provide what is needed.

* An employee does not need to file a complaint with the Department of Labor before filing a lawsuit.

What You Need to Know About New Protections for Pregnant Employees (natlawreview.com)

Commentary by: Raylea Stelmach

Edited by: