Field Assistance Bulletin (“the Bulletin”) providing guidance to its field staff regarding enforcement of the newly-enacted Providing Urgent Maternal Protections for Nursing Mothers Act (“the PUMP Act”).
The PUMP Act, signed into law by President Biden on December 29, 2022, significantly expands the existing protections and accommodations for nursing workers set forth under the Fair Labor Standards Act (FLSA). The Bulletin, issued just weeks after the PUMP Act’s enhanced remedies became effective, sets forth important information for employers and signals how the DOL intends to enforce the Act. In addition to other guidance, the Bulletin clarifies the break time, pump space, and posting requirements under the PUMP Act.
The Bulletin emphasizes that what constitutes as “reasonable break time” under the PUMP Act is not universal. Rather, the frequency, duration, and timing of “reasonable” breaks will vary depending on factors related to the nursing employee, the child, and the pump set up. While an employer and nursing employee can agree to a regular nursing schedule, the schedule must allow a break each time the employee needs to pump. Further, the agreed-upon schedule may need to be adjusted over time if the nursing employee’s pumping needs to change.
The Bulletin also advises that the PUMP Act’s “reasonable break time” requirement applies equally to remote and telework employees.
The Bulletin clarifies the type of space an...
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