March 18, 2011

Labor and Employment Alert

Nursing Mothers get a Break!

Recent amendments to the Fair Labor Standards Act (“FLSA”) require employers to provide nursing mothers with adequate break times and space in which to express breast milk.  This law requires employers to provide “reasonable break time for an employee to express breast milk for her nursing child for one (1) year after the child’s birth each time such employee has need to express the milk.”  This provision also requires employers 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 Department of Labor (DOL) has issued Wage and Hour Fact Sheet #73 to help employers with the compliance of this new law: “Break Time for Nursing Mothers Under the FLSA.”  A list of Frequently Asked Questions has also been posted on the DOL’s website.


Are you required to comply?  Do you have to pay nursing mothers for break time?


To speak to an employment law attorney about the creation and distribution of a lactation policy, employee handbook or other employer-related document that contains such policies, contact the employment lawyers at Clouse Dunn Khoshbin LLP at

Release ID: 8888