Key Takeaways

• The DOL provides employers with guidance for complying with break time and space requirements under the newly enacted PUMP Act.
• The PUMP Act extends lactation protections to millions of exempt employees who were not previously covered.
• Employers should review the DOL guidance to ensure their policies comply with the new pump-at-work requirements. If employers do not comply with the PUMP Act, employees can go directly to court and sue for violations.

Background

On May 17, the Department of Labor (DOL) issued guidance concerning an employer’s obligation to provide nursing employees with reasonable break times and a private place to pump breast milk at work.

In 2010, the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (FLSA) to require employers to provide breaks and space for certain employees to pump at work. However, only nonexempt employees who qualified for overtime were guaranteed lactation accommodations.

In December 2022, with the passage of the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, Congress significantly expanded employers’ obligations to provide breaks and space for nursing employees. As the new DOL guidance explains, the PUMP Act extends lactation protections to millions of employees who were not previously covered — including exempt employees whose salaries may not be reduced to reflect this break time.

Highlights From the New DOL Guidance

• Employers must provide nursing employees...

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