The United States Department of Labor (DOL) Wage and Hour Division recently issued Field Assistance Bulletin No. 2023-02 (FAB) to provide guidance to Wage and Hour Division (WHD) field staff regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and its enforcement, including new posting requirements for employers covered by the Fair Labor Standards Act (FLSA).
The PUMP Act requires FLSA-covered employers, with limited exception, to provide all nursing employees, exempt or non-exempt, with reasonable break time and a place, other than a bathroom, that is shielded from view and free from intrusion to express breast milk while at work for one year after the child’s birth. The FLSA provides an exemption for small employers if compliance would require an undue hardship and includes exemptions that affect certain employees of air carriers, rail carriers, and motorcoach services operators.[1] Importantly, FLSA-covered employers must update their FLSA Minimum Wage posters to reflect these pump at work obligations under the PUMP Act.
Employers can find an updated FLSA Minimum Wage poster (April 2023) here which meets the pump at work and FLSA posting requirements. Employers can download the April 2023 poster at no cost. Note that the previous versions of the FLSA poster, including the August 2016 version, no longer meet the posting requirements and should be replaced. FLSA-covered employers are required to post and keep posted a notice explaining...
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