Nursing Mothers' Breaks

a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time the employee has need to express the milk; and
a place, other than a bathroom, this is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express breast milk. (Section 7(r)(1) of the FLSA)

An employer is not required to compensate an employee receiving such reasonable break time. (Section 7(r)(2) of the FLSA)

An employer that employs less than 50 employees is not subject to these requirements if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer's business. (Section 7(r)(3) of the FLSA)

An employer is prohibited from interfering with an employee's rights under this statute or retaliating against an employee for exercising the employee's rights under the statute. (29 U.S.C. s. 215(a)(3))

An action under this statute may be commenced with two years after the cause of action accrued except that a cause of action arising out of a willful violation may be commenced within three years. (29 U.S.C. s. 255(a))
On December 30, 2022, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), (29 U.S.C. s. 218(d)). This law took effect on April 28, 2023. The PUMP Act adds protections to the above law that requires employers to provide non-exempt workers who are nursing reasonable time to express breast milk and a private location (other than a restroom) to do so. The PUMP Act expands those rights to also include employees who are in exempt or typically salaried positions. The law further provides that time spent expressing breast milk must count as compensable work time if the employee is performing her regular duties at the same time. Violations of the PUMP Act include the payment of unpaid wages, reinstatement, back and front pay and liquidated damages.