As we previously reported, on December 29, 2022, President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) into law, which became effective immediately. The United States Department of Labor has now issued a Field Assistance Bulletin providing guidance to the Wage and Hour Division on the enforcement of the PUMP Act’s provisions of the Fair Labor Standards Act (“FLSA”). The Bulletin can be reviewed in its entirety here.

The guidance makes clear that under the PUMP Act, covered employers must “provide nursing employees reasonable break time each time such employee has a need to pump breast milk at work for one year after the child’s birth.” In addition, the guidance explains that, although an employee and employer may agree to a schedule for pumping, “an employer cannot require an employee to adhere to a fixed schedule that does not meet the employee’s need for break time each time the employee needs to pump.” Further, if the employer and employee agree to a schedule, it should be modified if the employee’s pumping needs change.

The guidance points out that although the PUMP Act does not require that employees be compensated for break time needed to pump breast milk, under the FLSA all hours worked must be compensated and break time to pump will be considered hours worked if an employee is not completely relieved from duty during the entirety of the break. Further, if the employer provides paid break time, and the nursing employee chooses to use that time to pump, the employee must be compensated in the same way that other employees are compensated for break time.

Additionally, the guidance notes that the FLSA requires that nursing employees have access to a place to pump breast milk at work and a bathroom is not a permissible location for pump breaks. The location must be functional as a space for pumping. A space must contain a place for the nursing employee to sit, and a flat surface, other than the floor, on which to place the pump.

Notably, New York State recently enacted legislation that will require private sector employers throughout New York State to meet new time, space and notice requirements for accommodating employees who pump breast milk in the workplace, that employers should be aware of (see blog here). Should you have any questions relating to the new guidance issued regarding the PUMP Act, please contact ALG.

#showonalg