May 22, 2023
On May 18, the U.S. Department of Labor’s Wage and Hour Division published a Field Assistance Bulletin on Enforcement of Protections for Employees to Pump Breast Milk at Work, which is intended to provide enforcement support and guidance to field staff regarding the application and requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act, or PUMP Act.
On Dec. 29, 2022, President Joe Biden signed the Consolidated Appropriations Act, 2023, into law, which includes the PUMP Act. According to the DOL website, under the PUMP Act, most nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view to express breast milk while at work. This right is available for up to one year after the child’s birth.
In April 2023, the DOL issued an updated Fair Labor Standards Act poster that reflects current pump at work requirements. This poster may be used to meet the FLSA posting requirement and is available for download at no cost. Employers should ensure that they are posting the current version of the poster.
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