PUMP went into effect on December 29, 2022, providing additional protections for employees who need to express breastmilk. While preexisting laws only covered non-exempt workers, PUMP now extends protection to all employees.
PUMP requires an employer to provide a nursing employee with reasonable time to express breastmilk in a private location (other than a restroom) for up to one (1) year after the nursing child’s birth. PUMP does not require that the private location be permanent, just that nursing employees have a space shielded from view and free from coworkers and public intrusion.
Employers are not obligated to compensate an employee during the break time unless (1) an employer is required to do so under another state or federal law, (2) an employee expresses breastmilk during a paid break, or (3) an employee is not completely relieved from their duties during the entirety of the break.
Employers with less than 50 employees can still rely on the small employer exemption if compliance would impose an undue hardship.
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