NURSING BOOTHS

New Federal Flsa Pump Act

In December 2022, the federal Fair Labor Standards Act (FLSA) was amended as part of the federal omnibus bill.

The new law, requires employers to provide all breastfeeding employees with reasonable break time and a private lactation space that is not a bathroom for one year following the birth of a child.

Federal law protects all breastfeeding employees in the workplace

In December 2022, the federal Fair Labor Standards Act (FLSA) was amended as part of the federal omnibus bill. The new law requires employers to provide all breastfeeding employees with reasonable break time and a private lactation space that is not a bathroom for one year following the birth of a child.

New Federal FLSA Pump Act:

• The lactation accommodation cannot be a bathroom and must be free from intrusion and view.

• The law does not specify the amount of break time. Some breastfeeding employees need 15 minutes, but others may need 30 minutes or more. “Reasonable” break time makes accommodation for variations in biology.

• If an employee is still working, any break time spent pumping should be considered hours worked and compensated accordingly.

• If a company has 50 or fewer employees and compliance constitutes a “hardship” to the employer, the requirements can be waived. The burden of proof, however, is on the employer to show that enforcement of the law would cause “undue hardship.” smartBOX Nursing Booths are manufactured in Arizona specifically to provide a safe, hygienic, private space to meet the needs of nursing mothers. All booths include a locking opaque glass door, LED lighting with motion sensor, high velocity ventilation system, cleanable acoustic panels, table and lounge seating.

• Prior to making a claim against an employer, breastfeeding employees are required to notify them that they’re not in compliance. The employer then has 10 days to come into compliance. The PUMP Act now grants breastfeeding employees recourse to recover back pay and reinstatement.

Every state protects the right to breastfeed in public and many states already have laws that protect workplace lactation accommodation rights. Some state laws offer even greater protections, such as extending lactation accommodations beyond just one year, mandating breastfeeding protections for specific populations, or stipulating breastfeeding protections for specific locations (e.g. schools).

Employers are required to follow the law (federal or state) that provides greater protections.

To Learn more about smartBOX nursing booths email us at solutions@thesmartboxcompany.com