The U.S. Department of Labor (DOL) will begin enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) on April 28. As discussed in Phelps’ Jan. 5 insight, the PUMP Act adds protections to a 2010 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. This right is available for up to one year after the child’s birth.
The PUMP Act expands those rights that were already in place under the Fair Labor Standards Act (FLSA) 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 their regular duties at the same time.
In advance of the effective date of the new law, the DOL issued guidance to employers in the form of frequently asked questions as well as an updated fact sheet detailing employers’ obligations under the Act.
As noted in the new guidance, the PUMP Act applies to all employers covered by the FLSA, although smaller business with fewer than 50 employees may be exempt from the break time requirement if the employer can demonstrate that compliance with the provision would impose an undue hardship. Undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature or structure of...
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