Our employment lawyers can assist with such matters. December 2022 brought major changes to workplace protections for nursing mothers with the passage of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). This law expanded rights for breastfeeding employees nationwide, closing gaps in earlier regulations and extending coverage to millions who previously lacked these protections. For businesses and workers, grasping the details of this legislation matters for maintaining compliance and upholding workplace fairness.
The Law Office of Jason Tenenbaum, P.C., a Long Island-based practice specializing in employment law, helps employers and employees adapt to these changes. With experience guiding clients through complex regulations, the firm offers practical advice for creating policies that meet legal standards while supporting nursing mothers.
This guide breaks down the PUMP Act’s core elements, compliance demands, recent legal trends, and real-world impacts across industries. By highlighting common challenges and solutions, we aim to equip readers with knowledge that promotes compliance and fosters supportive workplaces.
The PUMP Act: Key Elements
Background and Intent
Before the PUMP Act, federal protections for nursing mothers stemmed from the 2010 Break Time for Nursing Mothers law under the Fair Labor Standards Act (FLSA). While groundbreaking, this earlier rule excluded about 9 million workers—primarily those in salaried or overtime-exempt roles. The PUMP Act addressed this gap by expanding coverage to nearly all FLSA-covered employees, regardless of overtime eligibility.
The legislation reflects a growing understanding of breastfeeding’s public health benefits and the reality that many mothers return to work while nursing. By mandating reasonable accommodations, the law aims to balance workplace demands with maternal and infant health needs.
Core Requirements for Employers
The PUMP Act outlines specific obligations for employers:
- Break Time: Employees must receive reasonable unpaid breaks to express breast milk for up to one year postpartum. Employers don’t have to pay for these breaks unless state or local laws require compensation.
- Private Spaces: Employers must provide a clean, private area—not a restroom—where employees can pump without intrusion.
- Broader Coverage: Protections now include salaried and overtime-exempt workers, significantly expanding eligibility.
- Legal recourse: Employees can sue for violations after notifying employers and allowing a 10-day correction period (with exceptions for urgent cases).
Health and Workplace Benefits
Supporting nursing employees isn’t just about compliance—it’s a strategic investment. Studies show breastfeeding reduces infant illness risks and lowers maternal health issues like certain cancers. For employers, accommodating nursing mothers often leads to higher retention, fewer absences, and improved morale. Businesses with strong support policies frequently report lower turnover costs and healthcare expenses, creating mutual benefits for companies and workers.
Legal Landscape: Federal and State Rules
Federal Protections
The PUMP Act amends the FLSA, falling under the U.S. Department of Labor’s (DOL) enforcement. Key intersecting laws include:
- The Pregnancy Discrimination Act, banning bias related to pregnancy or childbirth.
- The Americans with Disabilities Act, covering pregnancy-related medical conditions.
- Title VII, prohibiting sex-based discrimination, including breastfeeding issues.
State laws and Overlaps
Many states have stricter rules than federal law. Examples include:
- New York: Mandates unpaid break time for up to three years postpartum.
- California: Requires private non-restroom spaces and reasonable break time.
- Illinois: Protects nursing mothers for one year post-birth.
When state laws offer stronger protections, they take precedence. Employers operating across states must track varying requirements to avoid violations.
Enforcement and Resources
The DOL’s Wage and Hour Division handles PUMP Act enforcement, offering guidance, investigating complaints, and imposing penalties for violations. In late 2022, the agency updated its FLSA posters and published resources to help employers comply.
Compliance Hurdles and Solutions
Common Challenges
- Space Constraints: Older buildings or small offices may lack suitable areas. Creative solutions like converting storage rooms or using privacy screens can help.
- Scheduling Issues: Industries with rigid shifts (e.g., healthcare,) may struggle to accommodate pumping breaks. Flexible scheduling and clear communication ease this.
- Remote Work: Employers must address how home offices or co-working spaces meet pumping needs.
- Multi-State Operations: Varying state laws require tailored policies for each location.
- Undue Hardship Claims: Small businesses (under 50 employees) can seek exemptions but must document specific hardships thoroughly.
Best Practices for Employers
- Audit Policies: Review existing handbooks and break policies for gaps.
- Designate Spaces Early: Identify compliant areas during workplace planning.
- Train Managers: Educate supervisors on handling requests sensitively.
- Simplify Requests: Create clear processes for employees to seek accommodations.
- Document Everything: Keep records of requests, actions taken, and hardship assessments.
Updating Materials
- Revise employee handbooks to outline lactation rights clearly.
- Include PUMP Act details in onboarding programs.
- Offer annual training sessions for HR and management teams.
- Develop quick-reference guides for employees needing accommodations.
Legal Risks and Case Examples
Consequences of Non-Compliance
- Lawsuits seeking back pay, damages, and legal fees.
- DOL investigations and fines.
- Reputational harm affecting recruitment and retention.
- Combined claims under anti-discrimination laws.
Recent Cases
- Transportation Worker Case (2024): An employee sued after being forced to pump in restrooms and public areas. The court emphasized the need for truly private spaces.
- Retail Class Action (2023): A chain faced a lawsuit alleging denied breaks and unsanitary pumping areas, resulting in a settlement and policy reforms.
- Healthcare Worker Dispute (2024): A nurse won her case after her employer restricted pumping to standard breaks, ignoring medical needs for more frequent sessions.
How Legal Counsel Helps
The Law Office of Jason Tenenbaum, P.C assists clients by:
- Drafting compliant policies adaptable to state laws.
- Conducting facility audits to spot compliance risks.
- Training managers on lawful accommodation practices.
- Defending against claims or negotiating settlements.
- Providing ongoing advice for policy updates.
Looking Ahead: Trends and Preparation
Future Regulatory Shifts
- More states may expand lactation rights beyond federal standards.
- Laws could address milk storage, travel accommodations, or extended timelines.
- Tighter enforcement and increased lawsuits are likely as awareness grows.
- Sector-specific guidelines may emerge for industries like construction or transportation.
Technology’s Role
- Scheduling apps help employees reserve pumping rooms.
- Virtual training platforms educate managers on compliance.
- Data tools identify patterns in accommodation requests to improve policies.
Staying Proactive
- Monitor legal updates through newsletters or legal counsel.
- Build flexible policies that adapt to new requirements.
- Join industry groups to share best practices.
- Survey employees regularly to gauge policy effectiveness.
- Exceed minimum standards where possible to future-proof against changes.
Conclusion
The PUMP Act marks a critical step toward equitable workplaces for nursing mothers, but compliance requires diligence. Employers must balance legal obligations with practical realities—whether retrofitting spaces, adjusting schedules, or navigating state laws. Non-compliance risks lawsuits, fines, and reputational damage, while proactive measures boost employee satisfaction and retention.
As regulations evolve, partnering with legal experts ensures policies stay current and effective. The Law Office of Jason Tenenbaum, P.C. helps clients implement compliant practices, resolve disputes, and foster supportive environments. By prioritizing these efforts, businesses protect both their workforce and their bottom line.
For guidance on PUMP Act compliance or other employment law needs, contact The Law Office of Jason Tenenbaum, P.C. at 516-750-0595 or intake@jtnylaw.com.
This article provides general information and does not constitute legal advice. Consult an attorney for specific situations.
For more information on workplace pregnancy rights, check out our video here:
