The Labor & Employment Blog provides employers with breaking news, insights, and legal analysis on the wide range of labor and employment issues facing employers and businesses. While the Blog provides a general summary of regulation updates, it is not intended to be, and should not be relied upon as, legal advice. The labor & employment attorneys at Chamberlain Hrdlicka stand ready to counsel employers on the issues they face.
Larry Carbo, Shareholder and Co-Chair
Diana Perez Gomez, Shareholder and Co-Chair
Julie Offerman, Shareholder
Kellen Scott, Shareholder
Leslie Tan, Senior Counsel
Elizabeth Feeney, Associate
AmyJo "AJ" Foreman, Associate
Chamberlain Hrdlicka Blawgs
On April 28, 2023, new employee remedies will take effect under the Providing Urgent Maternal Protections for Nursing Mothers Act, a.k.a. the PUMP Act. The PUMP Act expands the rights of nursing employees under the Fair Labor Standards Act (FLSA) by making it unlawful for an employer to deny a covered employee a needed break to pump or a private place to pump.
The FLSA already requires employers to provide reasonable break time to employees to express breast milk in a place, other than a bathroom, that is shielded from public view and free from intrusion. For one year after a child’s birth, nursing employees are entitled to a break each time they have a need to pump. The PUMP Act clarifies that an employer must compensate nursing employees for pumping breaks if the employee is not completely relieved from work duties.
An employer who violates a nursing employee’s right to reasonable break time and a space to pump breast milk will be liable for appropriate legal or equitable relief under Section 216(b) of the FLSA, including, without limitation, payment of lost wages and an additional equal amount as liquidated damages, employment, reinstatement, promotion, and attorneys’ fees. However, before commencing legal action under the PUMP Act, an employee must (1) notify the employer of its failure to provide a place, other than a bathroom, that may be used to express breast milk and (2) give the employer ten days to comply with the PUMP Act.
There is an exemption to this legislation for employers of less than 50 employees, if requirements under the PUMP Act would impose an undue hardship on the employer. This new legislation does not preempt state laws that provide greater protections to nursing employees than those provided under the PUMP Act. Accordingly, employers should consider relevant state laws before updating employee break policies. The PUMP Act also sets forth additional rules and exemptions that apply to employees of airlines, railroads, and motorcoach carriers.
If you have questions about these additional rules, the PUMP Act in general, or other employment issues, we encourage you to reach out to your Chamberlain counsel.
AmyJo "AJ" Foreman is an associate in the litigation section. Her practice focuses primarily on commercial litigation, labor & employment, and appellate matters.
AJ graduated from the University of Houston Law Center where she was ...
- Senior Associate
Brittney Williams is a senior litigation associate whose practice primarily focuses on complex labor and employment, and commercial litigation. She provides a full range of labor and employment law services to her clients ...
Larry Carbo maintains an active, nationwide commercial litigation practice and has tried over 30 cases to final verdict in state court, federal court and before arbitration tribunals. Larry focuses on the representation of ...
Diana Gomez is a talented trial attorney with extensive experience in civil lawsuits in state and federal courts. She focuses on complex labor and employment disputes by providing a full range of employment law services to her ...
Elizabeth "Liz" Feeney is an associate in the Commercial Litigation section, focusing primarily on labor and employment matters. She graduated from the SMU Dedman School of Law and began her career at a mid-sized firm in Fort Worth ...
Julie is an experienced litigation attorney in Chamberlain’s Houston office. She has substantial experience defending employers nationwide in wage and hour class and collective action lawsuits, including matters involving ...
Mr. Scott maintains a general civil litigation practice in state and federal courts, with particular emphasis on employment law, governmental defense, and civil rights.
His practice includes the defense of employers and ...
- Senior Counsel
Leslie Tan is an experienced attorney specializing in labor and employment matters and complex civil litigation. Ms. Tan enjoys guiding employers through challenging situations, from counseling on daily operations to ...