Tag Archives: breastfeeding

Federal Appeals Court: Employee Provided Time and (Private) Place to Express Milk Has No Claim Under the FLSA’s Nursing Mothers Provision

In 2010, the FLSA was amended to require covered employers to provide a time and place for nursing mothers who are non-exempt employees to express breast milk. In the first appellate decision interpreting the provision (29 U.S.C. § 207(r)(1)), the Court of Appeals for the Eleventh Circuit has ruled that an employee who was afforded both … Continue Reading

Federal Judge Rules FLSA’s New Lactation Requirement Does Not Create Private Right of Action (But Retaliation Claim Survives)

As we discussed at the time of enactment, the FLSA was amended in 2010 to require that employers provide non-exempt employees with “a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public” to express breast milk.  In a new decision, a federal judge in Iowa … Continue Reading

Department of Labor Requests Commentary Regarding Implementation of New Lactation Break Requirement

Via notice published December 21, 2010, the United States Department of Labor’s Wage & Hour Division (“WHD”) sought commentary from the public regarding WHD’s preliminary interpretations of the new lactation break requirement added to the Fair Labor Standards Act (“FLSA”) on March 23, 2010 as part of the Patient Protection and Affordable Care Act.  These preliminary … Continue Reading

USDOL Issues Guidance On Employers’ Obligation to Provide Breaks to Nursing Mothers

As previously reported here, the recent Health Care Reform legislation includes a provision, which became effective immediately upon passage of the Act, requiring employers to provide breaks for employees to express milk for nursing children.  The USDOL issued a fact sheet this week explaining its view of an employer’s obligations under this enactment.  The highlights … Continue Reading
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