In late December of 2022, President Joe Biden signed into law the Consolidated Appropriations Act, 2023 (“the Act”). The Act contains a new privacy law called the Providing Urgent Maternal Protections for Nursing Mothers Act, known as the PUMP Act. The PUMP Act amends the Fair Labor Standards Act (FLSA) and expands employers’ obligation to provide employees who are pregnant or breastfeeding with (1) reasonable break time to express breast milk for the employee’s nursing child for two years beginning on the date on which the circumstances relating to such need arise, and (2) a place to express breast milk shielded from view and intrusion from coworkers and the public, other than a bathroom, though the space need not be permanent.
Unlike the old FLSA rules, which applied only to certain non-exempt workers, the PUMP Act applies to all employees. Some exceptions exist for (1) employers with fewer than 50 employees, if compliance with the law would cause undue hardship to the business; and (2) crewmembers of air carriers where private places to express breast milk are difficult to create. Additionally, the PUMP Act grants employees two years of statutory protection, as opposed to the one-year provision in the old FLSA. It is important to note, PUMP Act break time must only be paid if the employee is not relieved of all duties for the duration of the break period or if the employee expresses breast milk during an otherwise paid break period.
Employees can enforce their PUMP Act...
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