On December 29, 2022, President Biden signed the Providing Urgent Maternal Protections (“PUMP”) for Nursing Mothers Act into law. The law went into effect immediately, as we previously reported. The United States Department of Labor has now issued a field assistance bulletin providing guidance to the Wage and Hour Division on the enforcement of the PUMP Act.
The guidance explains that covered employers must “provide nursing employees reasonable break time each time such employee has a need to pump breast milk at work for one year after the child’s birth.” (Emphasis in Bulletin). The guidance further explains that, although an employee and employer may agree to a schedule for pumping, “an employer cannot require an employee to adhere to a fixed schedule that does not meet the employee’s need for break time each time the employee needs to pump.” Additionally, if the employer and employee agree to a schedule, it should be adjusted if the employee’s pumping needs change.
The PUMP Act does not require employers to pay employees for break time used to pump, but the guidance clarifies that employers should consider whether breaks need to be paid pursuant to the Fair Labor Standards Act (“FLSA”) and applicable state and local laws. Per the guidance, non-exempt employees should be paid for time spent pumping unless the employee is completely relieved from all work duties. For exempt employees, an employer cannot reduce the employees’ salary to compensate for the pumping break...
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