This new law requires employers to provide employees who are nursing “reasonable time” and a private space to express milk.
The law expands on the Fair Labor Standards Act, which requires employers to provide nursing employees who are non-exempt under the FLSA with break time and a private space to express milk for one year after they give birth. This new law expands the right to both exempt and non-exempt employees.
Firms with fewer than 50 workers can qualify for an exemption from the law if they can establish that doing so would create an undue hardship (defined as creating significant difficulty or expense in relation to the business’s size or financial resources).
Employees who are denied a private place and time to express milk must first notify their employer of its alleged failure. If the employer doesn’t remedy the situation within 10 days, the employee may commence an action against them and seek damages, including:
- Unpaid wages,
- Reinstatement,
- Back pay,
- Front pay, and
- Liquidated damages.
Your Next Step
You should update your company policies to ensure they are in compliance with the new laws.
Even though smaller employers can claim an exemption, it’s smart business to try to accommodate pregnant, new mothers and lactating employees if possible. You should also avoid taking adverse action against this new protected class.
Charles is a Bay Area native despite a four year hiatus at Princeton University.