Section 7(r) of the Fair Labor Standards Act, which became effective in 2010, requires employers to provide many nursing mothers reasonable break times to express breast milk after the birth of a child. The Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), signed into law in December 2022, extends that protection to millions more nursing employees (exempt employees omitted from the prior law) and provides employees with additional enforcement options (e.g., filing a private cause of action). The enforcement provision of the Act went into effect April 28, 2023 (following a 120-day delay).
Business Takeaway: In practice, many businesses have already made these accommodations. However, the expanded enforcement provision raises the stakes of getting this right. Contact us if you have any questions about your business’ compliance with the PUMP Act or related FLSA issues.
