Dept. of Labor publishes new guidance on break time for nursing mothers under the FLSA

The United States Department of Labor (www.dol.gov) published new guidance this month in Fact Sheet #73 available here.

The fact sheet sets forth 2 major requirements:

1. Employers are required to provide “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
2. Employers are required to provide “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”

The fact sheet also contains guidance on time and location of breaks, compensation, and clarifies which employers are subject to the requirements.

What does this mean to businesses subject to these requirements?

In general, employers will need to have a policy in place regarding break time to express breast milk and provide an area free from intrusion and the public (other than a bathroom) for employees to express breast milk. For many businesses, this may be a managers office, conference room or similar are that can be secured (i.e. locked) to prevent intrusion.

What about other state law requirements?

The fact sheet indicates that this release does not preempt state law that provides greater protection to employees