On December 29, 2022, President Biden signed into law the PUMP for Nursing Mothers Act (“PUMP Act”) extending additional rights to nursing employees. As discussed here, the PUMP Act expands workplace protections for employees with a need to express breast milk. Specifically, the Fair Labor Standards Act (FLSA), as expanded by the PUMP Act, requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child’s birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. 

Moreover, under the FLSA, when an employee is using break time at work to express breast milk they either must be completely relieved from duty or must be paid for the break time. 

In an effort to provide additional guidance on the PUMP Act, the Department of Labor’s (DOL) Wage and Hour Division, which enforces the FLSA and other federal labor laws, has recently issued an updated Fact Sheet and new FAQs. Interested employers can also view the DOL’s “Pump at Work Protections under the Fair Labor Standards Act” webinar.