The U.S. Department of Labor’s (DOL) Wage and Hour Division recently published Field Assistance Bulletin (FAB) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at Work.
This bulletin is intended to provide enforcement support and public guidance regarding the application and requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act (or PUMP Act).
Effective December 29, 2022, under the Fair Labor Standards Act (FLSA), as amended by the PUMP Act, nearly all FLSA-covered employees have the right to reasonable break time and a private space while at work to express breast milk for a nursing child for up to one year after the child’s birth.
Employers must follow posting requirements, break time and space requirements, as well as other protections afforded to nursing workers. Employees are protected from retaliation and remedies are available for those who experience economic loss due to violations of the PUMP Act or retaliation by their employer for asserting their legal protections.
This FAB supplements public material already available to make employers aware of their responsibilities and employees aware of their rights under the law. For additional guidance beyond this FAB, please reference FLSA Protections to Pump at Work, or contact your local Wage and Hour Division office.
Pump at Work website: www.dol.gov/agencies/whd/pump-at-work. For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382 or Jordan Howard at Jordan.howard@agc.org or 703-837-5368.