I am pumped! Are you?
Last week, the U.S. Department of Labor issued a Field Assistance Bulletin to its staff on how to enforce the PUMP for Nursing Mothers Act, which was signed into law at the end of 2022 and is currently in effect.
It's always good to know in advance how the government intends to enforce these laws, so here is my summary of the Bulletin in "FAQ" format.
Isn't this old news?
Yes and no. The Nursing Mothers Act been the law since 2010, but it applied only to employees who were non-exempt under the Fair Labor Standards Act. The PUMP Act is not radically different, but it applies to many exempt employees and has a few other tweaks.
Both laws require employers to provide nursing employees with break time to express milk, and a clean and private place in which to do it. The obligation is in effect for one year after the birth of the baby.
Under the NMA, the break time was unpaid. Under the PUMP Act, it's still unpaid -- in theory. More on that shortly.
Also, under the NMA, if the employer failed or refused to comply, the employee's only recourse was to file an administrative complaint with the DOL. (Some employees successfully sued their employers in court under Title VII, contending that lactation was a "pregnancy-related condition.") Under the PUMP Act, employees can go directly to court and sue for violations of the PUMP Act. They don't have to shoehorn their claims into Title VII. But I suspect that most plaintiffs will now sue under both laws.
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