Worker Protections Under the Pump Act

Update: May 9, 2023

According to the DOL, previous versions of the FLSA Notice will no longer fulfill the posting requirements and should be replaced with the updated FLSA notice which includes the new “Pump At Work” section. Additionally, the DOL states that they are also in the process of updating the EEOC – “Know Your Rights” Poster which addresses the Pregnant Workers Fairness Act (PWFA). The DOL suggests that employers choosing to purchase an all-in-one poster from third party vendors, may wish to defer purchasing a new vendor-created poster until after the EEOC releases its updated poster in June 2023.

May 4, 2023

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, which incorporates a significant provision known as the PUMP for Nursing Mothers Act, also referred to as the "PUMP Act." This Act aims to enhance the rights of nursing employees by ensuring their access to break time and a private location for expressing breast milk while at their workplace.

Under the PUMP Act, the majority of nursing employees are granted the right to reasonable break time and a designated space, excluding bathrooms, where they can privately express breast milk during their work hours. This entitlement remains in effect for up to one year following the birth of the employee's child.

Employers have the obligation to provide nursing employees with a reasonable amount of break time and an appropriate area for expressing breast milk. The frequency and duration of these breaks will vary depending on the individual needs of each nursing mother. The designated space provided by the employer must not be a bathroom and must ensure privacy, protecting employees from being viewed or disturbed by coworkers or the public.

Considering the implications of the PUMP Act, employers may need to update their Fair Labor Standards Act (FLSA) notice in the near future. A new section called "Pump at Work" has been added to the poster. Although a new FLSA and Family and Medical Leave Act (FMLA) notice has recently been released, it's worth noting that a revised "Know Your Rights - EEOC" notice is expected to be released around June. The Department of Labor advises businesses to consider waiting for the new "Know Your Rights" notice before replacing their federal posters.

Revised: May 9, 2023