The U.S. Department of Labor Wage and Hour Division (WHD) has published guidance for agency officials responsible for enforcing the “pump at work” provisions of the Fair Labor Standards Act (FLSA), including those enacted under the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).

The PUMP Act was adopted along with the Pregnant Workers Fairness Act when President Joe Biden signed the Consolidated Appropriations Act, 2023 in December 2022.

Although Field Assistance Bulletin No. 2023-02 is directed at agency officials, it provides employers a glimpse into how the WHD understands and will enforce the rights available to most employees under the FLSA for reasonable break time and a place to express breast milk at work for a year after a child’s birth.

Highlights

• Frequency and Duration of Breaks. The WHD emphasizes that employees are entitled to breaks every time they need to pump and the length and frequency of breaks will vary by employee. Employers and employees may agree to a certain schedule based on the employee’s need to pump, but the WHD advises that employers cannot require employees to comply with a fixed schedule. The WHD also reminds employers that an employee’s needs and break schedule may require adjustment over time.

• Compensation. Time for pump breaks may be unpaid, unless otherwise required by federal, state, or local law. Employers should pay careful attention to the FLSA’s standard requirements for counting and compensating...

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