Resources

Date: May 22, 2023

Last Week, The U.S. Dept. of Labor Issued a Field Assistance Bulletin Regarding the Pump Act

Last week, the United States Department of Labor issued a Field Assistance Bulletin to its enforcement employees explaining how they are to interpret and enforce the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act). (You can find the FAB here https://www.dol.gov/sites/dolgov/files/WHD/fab/2023-2.pdf)

Here are a few highlights from the FAB:

The Act does not require employers to compensate employees for time spent expressing breast milk unless they are otherwise required to do so by “Federal or State law or municipal ordinance.”
Generally, employers may not deduct this time from an exempt employee.
If the employer’s policy allows, non-exempt employees who spend more than 20 uninterrupted minutes expressing need not be paid for that time. (Check FLSA rules here, they can be tricky. The key is that the employee performs no work during this time.)

The frequency, duration, and timing of the breaks will vary and will depend almost entirely upon the mother's needs.

The space provided to the pump must be shielded from view, secure from intrusion, available when the employee needs it, cannot be a bathroom, must provide a place for the mother to sit and a flat surface other than the floor on which to place the pump. Also, “Employees must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator.”

The Act will not apply to employers with fewer than 50 employees if they can show that compliance would pose an undue hardship, which means “significant difficulty or expense.”

Employers who violate the Act may be liable for the entire range of legal and equitable remedies allowed under the FLSA: reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages, compensatory damages, and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.

Employers may not retaliate against an employee who engages in any activity protected by the Act, such as:
making a complaint to a manager, employer, or WHD,
requesting payment of wages,
consulting with WHD staff or cooperating with a WHD investigation,
exercising rights or attempting to exercise rights, such as requesting break time or space to pump, and
testifying at trial.

Human Resources should ensure that both managers and employees are aware of the general terms and requirements of the Act.

As always, feel free to contact me directly if you have any questions about the PUMP Act or any other employment-related issue.

Date: May 22, 2023

Last Week, The U.S. Dept. of Labor Issued a Field Assistance Bulletin Regarding the Pump Act

Here are a few highlights from the FAB:

The Act does not require employers to compensate employees for time spent expressing breast milk unless they are otherwise required to do so by “Federal or State law or municipal ordinance.”
Generally, employers may not deduct this time from an exempt employee.
If the employer’s policy allows, non-exempt employees who spend more than 20 uninterrupted minutes expressing need not be paid for that time. (Check FLSA rules here, they can be tricky. The key is that the employee performs no work during this time.)

The frequency, duration, and timing of the breaks will vary and will depend almost entirely upon the mother's needs.

The space provided to the pump must be shielded from view, secure from intrusion, available when the employee needs it, cannot be a bathroom, must provide a place for the mother to sit and a flat surface other than the floor on which to place the pump. Also, “Employees must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator.”

The Act will not apply to employers with fewer than 50 employees if they can show that compliance would pose an undue hardship, which means “significant difficulty or expense.”

Employers who violate the Act may be liable for the entire range of legal and equitable remedies allowed under the FLSA: reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages, compensatory damages, and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.

Employers may not retaliate against an employee who engages in any activity protected by the Act, such as:
making a complaint to a manager, employer, or WHD,
requesting payment of wages,
consulting with WHD staff or cooperating with a WHD investigation,
exercising rights or attempting to exercise rights, such as requesting break time or space to pump, and
testifying at trial.

Human Resources should ensure that both managers and employees are aware of the general terms and requirements of the Act.

As always, feel free to contact me directly if you have any questions about the PUMP Act or any other employment-related issue.

Date: May 22, 2023

Last Week, The U.S. Dept. of Labor Issued a Field Assistance Bulletin Regarding the Pump Act

Here are a few highlights from the FAB:

The Act does not require employers to compensate employees for time spent expressing breast milk unless they are otherwise required to do so by “Federal or State law or municipal ordinance.”
Generally, employers may not deduct this time from an exempt employee.
If the employer’s policy allows, non-exempt employees who spend more than 20 uninterrupted minutes expressing need not be paid for that time. (Check FLSA rules here, they can be tricky. The key is that the employee performs no work during this time.)

The frequency, duration, and timing of the breaks will vary and will depend almost entirely upon the mother's needs.

The space provided to the pump must be shielded from view, secure from intrusion, available when the employee needs it, cannot be a bathroom, must provide a place for the mother to sit and a flat surface other than the floor on which to place the pump. Also, “Employees must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator.”

The Act will not apply to employers with fewer than 50 employees if they can show that compliance would pose an undue hardship, which means “significant difficulty or expense.”

Employers who violate the Act may be liable for the entire range of legal and equitable remedies allowed under the FLSA: reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages, compensatory damages, and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.

Employers may not retaliate against an employee who engages in any activity protected by the Act, such as:
making a complaint to a manager, employer, or WHD,
requesting payment of wages,
consulting with WHD staff or cooperating with a WHD investigation,
exercising rights or attempting to exercise rights, such as requesting break time or space to pump, and
testifying at trial.

Human Resources should ensure that both managers and employees are aware of the general terms and requirements of the Act.

As always, feel free to contact me directly if you have any questions about the PUMP Act or any other employment-related issue.

Date: May 22, 2023

Last Week, The U.S. Dept. of Labor Issued a Field Assistance Bulletin Regarding the Pump Act

Here are a few highlights from the FAB:

The Act does not require employers to compensate employees for time spent expressing breast milk unless they are otherwise required to do so by “Federal or State law or municipal ordinance.”
Generally, employers may not deduct this time from an exempt employee.
If the employer’s policy allows, non-exempt employees who spend more than 20 uninterrupted minutes expressing need not be paid for that time. (Check FLSA rules here, they can be tricky. The key is that the employee performs no work during this time.)

The frequency, duration, and timing of the breaks will vary and will depend almost entirely upon the mother's needs.

The space provided to the pump must be shielded from view, secure from intrusion, available when the employee needs it, cannot be a bathroom, must provide a place for the mother to sit and a flat surface other than the floor on which to place the pump. Also, “Employees must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator.”

The Act will not apply to employers with fewer than 50 employees if they can show that compliance would pose an undue hardship, which means “significant difficulty or expense.”

Employers who violate the Act may be liable for the entire range of legal and equitable remedies allowed under the FLSA: reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages, compensatory damages, and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.

Employers may not retaliate against an employee who engages in any activity protected by the Act, such as:
making a complaint to a manager, employer, or WHD,
requesting payment of wages,
consulting with WHD staff or cooperating with a WHD investigation,
exercising rights or attempting to exercise rights, such as requesting break time or space to pump, and
testifying at trial.

Human Resources should ensure that both managers and employees are aware of the general terms and requirements of the Act.

As always, feel free to contact me directly if you have any questions about the PUMP Act or any other employment-related issue.

Date: May 22, 2023

Last Week, The U.S. Dept. of Labor Issued a Field Assistance Bulletin Regarding the Pump Act

Here are a few highlights from the FAB:

The Act does not require employers to compensate employees for time spent expressing breast milk unless they are otherwise required to do so by “Federal or State law or municipal ordinance.”
Generally, employers may not deduct this time from an exempt employee.
If the employer’s policy allows, non-exempt employees who spend more than 20 uninterrupted minutes expressing need not be paid for that time. (Check FLSA rules here, they can be tricky. The key is that the employee performs no work during this time.)

The frequency, duration, and timing of the breaks will vary and will depend almost entirely upon the mother's needs.

The space provided to the pump must be shielded from view, secure from intrusion, available when the employee needs it, cannot be a bathroom, must provide a place for the mother to sit and a flat surface other than the floor on which to place the pump. Also, “Employees must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator.”

The Act will not apply to employers with fewer than 50 employees if they can show that compliance would pose an undue hardship, which means “significant difficulty or expense.”

Employers who violate the Act may be liable for the entire range of legal and equitable remedies allowed under the FLSA: reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages, compensatory damages, and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.

Employers may not retaliate against an employee who engages in any activity protected by the Act, such as:
making a complaint to a manager, employer, or WHD,
requesting payment of wages,
consulting with WHD staff or cooperating with a WHD investigation,
exercising rights or attempting to exercise rights, such as requesting break time or space to pump, and
testifying at trial.

Human Resources should ensure that both managers and employees are aware of the general terms and requirements of the Act.

As always, feel free to contact me directly if you have any questions about the PUMP Act or any other employment-related issue.

Date: May 22, 2023

Last Week, The U.S. Dept. of Labor Issued a Field Assistance Bulletin Regarding the Pump Act

Here are a few highlights from the FAB:

The Act does not require employers to compensate employees for time spent expressing breast milk unless they are otherwise required to do so by “Federal or State law or municipal ordinance.”
Generally, employers may not deduct this time from an exempt employee.
If the employer’s policy allows, non-exempt employees who spend more than 20 uninterrupted minutes expressing need not be paid for that time. (Check FLSA rules here, they can be tricky. The key is that the employee performs no work during this time.)

The frequency, duration, and timing of the breaks will vary and will depend almost entirely upon the mother's needs.

The space provided to the pump must be shielded from view, secure from intrusion, available when the employee needs it, cannot be a bathroom, must provide a place for the mother to sit and a flat surface other than the floor on which to place the pump. Also, “Employees must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator.”

The Act will not apply to employers with fewer than 50 employees if they can show that compliance would pose an undue hardship, which means “significant difficulty or expense.”

Employers who violate the Act may be liable for the entire range of legal and equitable remedies allowed under the FLSA: reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages, compensatory damages, and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.

Employers may not retaliate against an employee who engages in any activity protected by the Act, such as:
making a complaint to a manager, employer, or WHD,
requesting payment of wages,
consulting with WHD staff or cooperating with a WHD investigation,
exercising rights or attempting to exercise rights, such as requesting break time or space to pump, and
testifying at trial.

Human Resources should ensure that both managers and employees are aware of the general terms and requirements of the Act.

As always, feel free to contact me directly if you have any questions about the PUMP Act or any other employment-related issue.