New Law for Breastfeeding Mothers in the Workplace

With the passage of the Federal Health Care Reform comes a major step forward for the rights of nursing mothers in the workplace. Thanks to the efforts of Oregon Senator Jeff Merkley and the United States Breastfeeding Committee, it is now Federal Law that employers provide nursing mothers an unpaid 30 minute break every four hours for expressing breast milk. In addition, the employer must provide a private location and it cannot be a bathroom stall. In effect, this is a nationalization of the Oregon law that went into effect over a year ago. However, it goes even further than the Oregon law. It applies to all employers and has a limited defense of undue hardship available only to small, i.e. less than 50 employee, employers. This law is notable also for its extension of the current Fair Labor Standards Act (FLSA) beyond overtime into mandating break time. This is a first. Until now, mandatory breaks had been the province of State laws. Although figuring out enforcement via the FLSA for denied breaks will present some growing pains for both DOL and private litigants, this law presents a significant step forward for working women throughout the country.

BHMK Tom Doyle advises on family medical leave and workplace wage and hour issues.