Labor & Employment Blog

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.