The U.S. Department of Labor has issued a new FLSA poster, available for download here. Covered employers should replace old posters with the Department’s new versions. Employers should periodically review their compliance with FLSA and state law posting and notice requirements, particularly as related to tipped workers.
breastfeeding
Federal Appeals Court: Employee Provided Time and (Private) Place to Express Milk Has No Claim Under the FLSA’s Nursing Mothers Provision
By Noel P. Tripp on
Posted in Meal and Rest Breaks
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…
Federal Judge Rules FLSA’s New Lactation Requirement Does Not Create Private Right of Action (But Retaliation Claim Survives)
By Noel P. Tripp on
Posted in Retaliation
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…
Department of Labor Requests Commentary Regarding Implementation of New Lactation Break Requirement
By Noel P. Tripp on
Posted in Department of Labor
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…
USDOL Issues Guidance On Employers’ Obligation to Provide Breaks to Nursing Mothers
By Noel P. Tripp on
Posted in Meal and Rest Breaks
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…
New Federal Law Requires Break for Breastfeeding
By Noel P. Tripp on
Posted in Meal and Rest Breaks
On March 23, President Obama signed a bill which amended the FLSA to require most covered employers to provide breaks to mothers for the purposes of breastfeeding (as well as furnish private space for them to do so). While the new law does not require that nursing mothers be paid for such break time, state law may. …