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As we wrote about in January, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) went into effect on December 29, 2022. Enforcement became effective on April 28, 2023. To help employers better understand the new law, the U.S. Department of Labor (DOL) has information on its website. The information includes Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work.  

The fact sheet provides general information and examples of when and how the PUMP Act applies, along with remedies if the law is broken. The Act requires reasonable break time for mothers to express breast milk, up to one year after the child’s birth. Covered employees must also be provided with a place, other than a bathroom, that is private and free from intrusion. 

The DOL also has a frequently asked questions web page, explaining who is covered by the law and under what circumstances. Examples of questions include when breaks are paid and unpaid and what kind of spaces are acceptable. 

Keep in mind that workers may have greater protection under state or local laws and that the Fair Labor Standards Act (FLSA) does not preempt those laws when they provide greater protection to employees. 

To learn more about this topic, attend the 2023 Employment Conference in August, where Employers Council’s Jennifer Vold will present information on this new law. In the meantime, contact us if you have any questions.