Rights of Employees Who Are Nursing
Breastfeeding employees in South Florida workplaces have a number of rights and federal and state law, and it is important to know those rights so that you can take action if you experience discrimination or any kind of adverse reaction to exercising those rights. Most employees in South Florida jobs have a right to reasonable break time, as well as a private space to pump, for up to one year after the birth of their child, if they are nursing. Covered employees also must be provided with a functional space for pumping breast milk other than a bathroom that is shielded from view in the workplace, free from intrusion, and available as needed under the Fair Labor Standards Act (FLSA).
The pregnancy discrimination attorneys at our office in Palm Beach Gardens want to make sure you understand your rights. If you have experienced any violation of your rights concerning pumping in the workplace or rights for nursing mothers, we can help you to file a claim and to seek a remedy.
The Federal PUMP for Nursing Mothers Act
In late December 2022, President Biden signed an act that created additional protections for nursing mothers in workplaces known as the PUMP for Nursing Mothers Act, or just the PUMP Act. The PUMP Act expands the FLSA to include the protections mentioned above that include the following for nursing mothers:
- Right to receive a reasonable amount of break time to pump (which may need to be determined on a case-by-case basis); and
- Right to a private place to pump (including the requirements outlined above).
All employers with 50 or more employees must comply, and employers with fewer than 50 employees must comply unless they can prove compliance would impose an undue hardship. According to the US Department of Labor (DOL), an undue hardship for those smaller employers “is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employer’s business.”
Any nursing employee who is denied these protections could be eligible to file an FLSA violation claim.
Florida State Nursing and Breastfeeding Employee Protections
Florida does not have any state-specific laws that provide protections like those discussed above for nursing mothers, but many Florida employers are required to comply with the PUMP Act. Florida also has a state law that is not specific to employees but clarifies that mothers have a right to breastfeed in any private or public space where the mother is otherwise authorized to be.
Contact a Palm Beach Gardens Pregnancy Discrimination Lawyers
Nursing mothers have protections under federal and state law, and employers are required to comply with those laws. While an employer might try to convince you that a minor violation is nothing to make an issue of, or that you are being unreasonable in making certain requests concerning pumping, we want to emphasize that you have these rights and can exercise them. If you have any questions or want to find out more about taking action to protect your rights, you should contact one of the experienced Palm Beach Gardens pregnancy discrimination attorneys at Sconzo Law Office. We can speak with you today about your case.
Sources:
dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#nursingMothers
dol.gov/agencies/whd/pump-at-work
flsenate.gov/Laws/Statutes/2018/383.015
