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PUMP Act Guidance Delivered by Department of Labor
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The Department of Labor’s recent guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) brings important developments in protecting the rights of employees who need to express breast milk while at work.
The PUMP Act, signed into law on December 29, 2022, extends and amends the Fair Labor Standards Act (FLSA) to provide enhanced protections for employees. While the break time and lactation space requirements remain largely unchanged, the PUMP Act expands coverage to approximately 9 million more employees, including previously uncovered FLSA-exempt employees (Source).
Setting the Ground Rules for Employers
Employers must now provide covered employees with a reasonable break time to pump breast milk. The Department of Labor’s guidance clarifies that employers cannot deny these breaks and that the frequency, duration, and timing of breaks will vary depending on various factors. Employers and employees may agree upon a fixed schedule, as long as it meets the employee’s needs. Additionally, remote workers are eligible for pump breaks similar to on-site workers.
Compensation during pump breaks depends on the employee’s exempt or non-exempt status. Exempt employees, such as executives or administrative professionals, must be compensated according to the FLSA’s salary basis requirements. Non-exempt employees, if fully relieved from work duties during pump breaks and not required by law to receive paid breaks, are not entitled to compensation. However, any work interruption during the break is compensable (Source).
Dedicated Space
The PUMP Act mandates that employers provide suitable lactation spaces, excluding bathrooms, that ensure privacy and are free from intrusion. The guidance emphasizes that a functional lactation space should include seating, a flat surface for the pump, and the ability to safely store milk. Employers should also consider access to electricity for efficient electric pumps and a sink for handwashing and cleaning pump attachments. The number of nursing employees and work schedules may require multiple designated spaces.
What Employers are Exempt?
Employers with fewer than 50 employees may claim an exemption if they can demonstrate undue hardship due to significant difficulty or expense. The Department of Labor advises that this exemption is limited and employers should carefully consider their circumstances. Additionally, crew members during flight time and certain employees of rail carriers and motorcoach service operators have exemptions, though these exemptions will change from December 29, 2025 (Source).
Legal Remedies Available to Employees
The PUMP Act grants employees a private right of action, allowing them to seek legal and equitable remedies under the FLSA, including liquidated damages. The Department of Labor clarifies that employees have access to these remedies regardless of whether they have experienced retaliation. Prior to filing a civil lawsuit for failure to provide a lactation space, employees must notify their employer and allow 10 days for compliance, except in cases of employer retaliation or refusal to comply.
More Concerns for Employers
- To meet the notice and posting requirements, employers can utilize an updated FLSA poster reflecting the provisions of the PUMP Act, as published by the Wage and Hour Division.
- The PUMP Act does not preempt state laws or municipal ordinances that offer greater protections to employees. Employers should be aware of any additional requirements specific to their jurisdiction.
- Employers must review their current practices to ensure compliance with the PUMP Act. It is essential to effectively communicate with employees regarding their break time needs and accommodate multiple requests for lactation spaces. Seeking legal guidance can help employers navigate the intricacies of compliance and ensure adherence to the law.
The Department of Labor’s guidance on the PUMP Act clarifies changes meant to protect employees who need to express breast milk at work. Employers must take proactive steps to comply with the law, including providing reasonable break times, suitable lactation spaces, and appropriate compensation when required.
By staying informed and seeking legal guidance when necessary, employers can remain compliant and create a supportive environment for nursing employees.
If you have questions about compliance with workplace regulations, contact Hughes Lawyers, LLC. Our experienced team is dedicated to providing comprehensive legal guidance tailored to your specific needs.
