Accordion to the Centers for Disease Control and Prevention, three out of four mothers in the U.S. start out breastfeeding. However, nearly one in four women of childbearing age were not covered under the 2010 Break Time for Nursing Mothers Act, which requires employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during the work day.
The Economic Policy Institute estimated that more than one million Black women, 976,000 Hispanic women, 825,000 Asian women, more than six million white women, and 185,000 women of other races were excluded from the 2010 act.
To remedy that gap that stemmed from a provision that deemed that workers who are exempt from the overtime protections of the Fair Labor Standards Act are also exempt from the break time protections for nursing mothers, President Joe Biden signed into law the PUMP for Nursing Mothers Act (PUMP Act). The law, which Biden signed on Dec. 29, 2022, expands workplace protections for employees with a need to express breast milk.
With this expansion, millions more employees, including teachers and nurses, are provided the right to break time and space to pump breast milk at work. The PUMP Act also makes it possible for workers to file a lawsuit to seek monetary remedies in the event that their employer fails to comply, and clarifies that pumping time must be paid if an employee is not completely relieved from duty.
“Being able to have that time means that lactating...
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