Nursing Mothers and the Workplace: What Employers Need to Know

5.23.2017

How should employers accommodate nursing mothers in the workplace?  While the answer to this question differs depending on whether the employee is exempt or non-exempt under the Fair Labor Standards Act, there are two general criteria that employers should follow.

First, employers should provide employees with reasonable break time to express milk. In the case of non-exempt employees this break time does not have to be paid; however, when employers already provide paid breaks, a nursing mother who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time.  There are no explicit requirements regarding the frequency and duration of nursing breaks as this varies from person to person, but employers can be guided by the standard that the breaks should be “reasonable.”

Second, employers should provide a nursing employee with a private room to express milk. The room does not need to be a permanent location, and can instead be available as needed. However, the room cannot be a bathroom, and must be shielded from the view of others and free from intrusion.   

BLOG DISCLAIMER

The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services.  Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness.  The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.  Readers should not act upon this information without seeking professional legal counsel.

This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk.  We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability.  Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein.  We will remove a link to any site from this blog upon request of the linked entity.

We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.

If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com.  One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.

Thank you for your interest in Wilentz, Goldman & Spitzer P.A.’s legal blogs. You will receive an email sent to the address entered in order to confirm your subscription. Please watch for it and click the link to confirm your subscription.