On May 17, 2023, the U.S. Department of Labor (DOL) released guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which can be found here: Enforcement of Protections for Employees to Pump Breast Milk at Work. Employers that violate the PUMP Act may be subject to reinstating the employee, paying lost wages and liquidated damages, and paying compensatory and punitive damages.

Key aspects of the guidance are summarized below.

Reasonable Break Time

An employer must provide a nursing employee with a reasonable break period to express breast milk. This requirement lasts for one year after the birth of the child.

• Whether or not a break is "reasonable" is different for each employee and can change over time. Reasonableness depends on considerations such as the frequency, duration and timing of the break. Factors such as the location of the pumping space and the time and effort required to express the breast milk may also affect whether a break is reasonable.
• The employer and employee may agree to a break schedule, but the employer may not require the employee to adhere to a fixed schedule that does not meet the employee's need to express milk. If the employer and employee agree to a certain schedule, it may need to be adjusted over time if the employee's pumping needs change.
• Teleworking employees are entitled to the same accommodations as if they were working on-site.

Compensation for Pump Breaks

Whether or not a pump break needs to be...

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