New DOL Bulletin on Breast Pumping Protections Is Out
“As a breastfeeding mother, you are basically meals on heels.”
--Kathy Lette
I am the proud, new, first time grandparent of Mara Lisa Abrahams, born in April 8, 2023, and thriving. She is doing all the usual baby things -- sleeping, eating, cooing, and crying, along with other less attractive subjects not so suitable for blogging. That is my segue to the blog topic of the day.
On the baby feeding front, I am newly sensitive to the issues of breast pumping in the workplace. Back in my day, it was difficult if not impossible for women to return to the workplace while still pumping and breast feeding. But today we have more elaborate rights in place to keep employees from being exiled to the bathroom to pump breast milk at work.
Last week, the Wage and Hour Division published Field Assistance Bulletin (“FAB”) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at Work, https://www.dol.gov/sites/dolgov/files/WHD/fab/2023-2.pdf. This bulletin is intended to provide enforcement support and public guidance regarding the application and requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act (or” PUMP Act”). Effective December 29, 2022, under the Fair Labor Standards Act (“FLSA”), as amended by the PUMP Act, nearly all FLSA-covered employees have the right to reasonable break time and a private space while at work to express breast milk for a nursing child for up to one year after the child’s birth.
With the advent of new back to the office policies, employers need to be aware of the posting requirements. Employers must follow posting, break time and space requirements, as well as other protections afforded to nursing workers. Employees are supposed to get reasonable break times to pump. Employees who telework are also eligible to take pump breaks under the FLSA on the same basis as if they were working on-site. While the PUMP Act doesn’t make the time compensable, the FLSA makes breaks of 20 minutes or less compensable. The PUMP Act also has space and privacy requirements.
The standard FLSA poster contains notice information on the right to pump in the workplace. It is supposed to be posted in the workplace. minwagep.pdf (dol.gov). Employee are protected from retaliation and remedies are available for those who experience economic loss due to violations of the PUMP Act or retaliation by their employer for asserting their legal protections.
For more information on the rights of nursing mothers, see the DOL website: FLSA Protections to Pump at Work | U.S. Department of Labor (dol.gov).