On May 17, 2023, the U.S. Department of Labor (DOL) Wage and Hour Division issued Field Assistance Bulletin No. 2023-2 (FAB) to provide guidance to its field staff on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and its enforcement. The PUMP Act expands the Fair Labor Standards Act (FLSA) to provide additional workplace protections for lactating employees by requiring employers to provide all employees who are nursing with reasonable time and private space, other than a bathroom, to express breast milk.
While the FAB reiterates information the DOL previously made available about the PUMP Act on its website, it also adds information about how the DOL views the law and how the agency may enforce it.
Break Time Requirements
In the FAB, the DOL reminds employers that a one-size-fits all approach will not successfully accommodate all nursing employees. Rather, the frequency, duration, and timing of breaks under the PUMP Act will vary based on a multitude of factors unique to each employee and child. Additionally, factors such as the location of the required private space and the specific pumping set-up can affect the time needed by the employee to express breast milk.
The FAB explains that an employer and employee can agree to create a break schedule based on the nursing employee’s needs to pump but cautions that the schedule cannot be static – the schedule may need to be adjusted over time as the nursing employee’s needs change. Employees are...
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