New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective May 31, 2023. The new law builds upon already-existing requirements under the Labor Law to provide reasonable unpaid break time (or permit employees to use paid break time) to express milk in the workplace for up to three years following the birth of a child, and to “make reasonable efforts” to provide a room or other location, other than a restroom, to express milk in private.
Under the amended law, employers are required to provide break time to nursing employees “each time such employee has reasonable need to express breast milk” for up to three years following the birth of a child. In addition, upon request, employers are required to designate a room or other location (other than a restroom or toilet stall) which can be used by nursing employees to express breast milk. Such room or other location must be a place that is: (i) in close proximity to the employee’s work area; (ii) well lit; (iii) shielded from view; and (iv) free from intrusion from other persons in the workplace or the public. The room or other location must also provide, at a minimum, a chair, working surface, nearby access to clean running water and, if the workplace is supplied with electricity, an electrical outlet. If the workplace has access to a refrigerator, employees must be permitted to access the refrigerator for the purposes of storing...
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