Remedies for enforcement of the new federal Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which requires most employers to provide both reasonable break time for employees to express milk for a nursing infant and private spaces to express milk, took effect on April 28, 2023.

Quick Hits

• The PUMP Act extends protections for the right to express breast milk in the workplace for most employees through a nursing child's first year after birth.
• The act requires employers to provide "reasonable break time" and private space, other than a bathroom, to express breast milk.
• Enforcement remedies took effect on April 28, 2023.

PUMP Act

President Biden signed the PUMP Act into law on December 29, 2022, as part of the Consolidated Appropriations Act, 2023. The law amends the Fair Labor Standards Act (FLSA) to extend the coverage of the right to express milk at work to nearly all workers covered by the FLSA. The law went into effect immediately after signing, but additional remedies for enforcement of the act's protections took effect on April 28, 2023.

While some states and municipalities already provide employment protections for employees who need to express milk for nursing children, the PUMP Act provides protections under the FLSA on a nationwide basis. In January 2023, the U.S. Department of Labor (DOL) Wage and Hour Division updated its "Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work" in light of the PUMP Act's new...

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