The U.S. Department of Labor (DOL) recently published new resources regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). As we previously explained in detail, the PUMP Act amended the Fair Labor Standards Act (FLSA) to mandate that, unless an employer is specifically exempted under the law, the employer must provide reasonable break time to allow an employee to express breast milk, and must permit the employee to do so in a reasonably private location other than a bathroom.

To clarify the protections for employees and employer obligations under the PUMP Act, DOL’s Wage and Hour Division (WHD), which enforces the FLSA and other federal labor laws, issued an updated Fact Sheet and new Frequently Asked Questions (FAQs).

WHD Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk

The Fact Sheet, updated in January 2023, provides a broad overview of the FLSA, focused on the PUMP Act’s protections. In its summary, the Fact Sheet emphasizes certain points, including that:

• A covered employee’s right to take reasonable breaks to express breast milk lasts a full year after the birth of a nursing child.

• The right to take breaks entitles a covered employee to take a break each time such employee has the need to express milk. This can be multiple times a day.

• Employers may not deny needed breaks, and the frequency and duration of breaks can vary depending on various personal and practical factors.

• Employers must provide a private...

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