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NEW FEDERAL LAW Requires Unpaid Breaks for Nursing Mothers

Break Time for Nursing Mothers - U.S. Dept. of Labor

How to File a Complaint - U.S. Dept. of Labor

The health insurance reform bill signed on March 23, 2010 by the President Obama contains an employment law change. Section 4207 amends the federal Fair Labor Standards Act to mandate unpaid breaks for expressing milk, in a location other than bathroom. Because it is part of the FLSA, its provisions apply to almost all employers, although those with fewer than 50 workers will not be covered if they can show that compliance would cause undue hardship.
The Patient Protection and Affordable Care Act amends the FLSA as follows:
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
(1) An employer shall provide-
(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk; and
(B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
(2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.
(3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements
would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business.
(4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided
for under this subsection.

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