Dallas Employment Trial Lawyer Riley Carter
The PUMP Act, short for Providing Urgent Maternal Protections for Nursing Mothers Act, represents an important step forward in workplace protections for nursing employees. Signed into law in December 2022, the Act significantly expands and strengthens the rights of breastfeeding workers in the United States. Below, we’ll walk through the history of the law, the protections it provides, its limitations, and what employees should know about exercising their rights under it.
The History Behind the PUMP Act
The PUMP Act builds on earlier federal protections created under the Affordable Care Act of 2010, which amended the Fair Labor Standards Act (FLSA) to require that certain employers provide reasonable break time and a private space (not a bathroom) for hourly, non-exempt employees to pump breast milk at work.
However, those earlier protections were limited. Millions of employees—including many salaried workers, teachers, and nurses—were excluded. This left a large portion of the workforce without any guaranteed right to pump breast milk on the job.
The PUMP Act of 2022 closed those gaps, extending coverage to nearly all employees covered by the FLSA. Congress recognized that no parent should have to choose between their job and feeding their child.
Key Protections Under the PUMP Act
The Act provides three primary protections for nursing employees:
1. Break Time to Pump
◦ Employers must provide employees with a reasonable amount of break time to express breast milk as frequently as needed for up to one year after the child’s birth.
◦ The frequency and duration of breaks may vary depending on individual needs.
2. Private Space to Pump
◦ Employers must provide a private space, shielded from view, and free from intrusion, where employees can pump.
◦ Importantly, bathrooms do not qualify as a private space under the law.
3. Protection from Retaliation
◦ The Act prohibits employers from retaliating against employees who request or use their PUMP Act rights.
◦ Employees who are denied space or time to pump can bring a legal claim under the FLSA.
Limitations of the PUMP Act
While the Act is a significant step forward, it’s not without limitations:
• Time is Unpaid (Unless Working While Pumping): Employers are not required to pay employees for pumping breaks unless the employee is not completely relieved from duty during that time. For example, if a worker is answering emails while pumping, that time must be compensated.
• Small Business Exception: Employers with fewer than 50 employees may be exempt if they can show compliance would cause an undue hardship.
• One-Year Coverage Limit: The protections apply only for one year after the child’s birth, even though some parents may breastfeed longer.
• Notice Requirement Before Suing: In most cases, employees must notify their employer of a violation and give them 10 days to fix it before filing a lawsuit.
How Employees Can Use the PUMP Act
If you are a nursing employee who needs to pump at work, here’s how to exercise your rights:
1. Communicate with Your Employer
◦ Inform your employer, ideally in writing, that you will need break time and a private space to pump.
◦ Be specific about your anticipated needs, but remember that your needs may change over time.
2.Know What’s Reasonable
◦ Reasonable break time is based on your individual needs, not a one-size-fits-all schedule.
3.Keep Records
◦ Document any requests you make, the employer’s responses, and any problems you encounter.
◦ This can be critical if you need to enforce your rights later.
4.Seek Legal Help if Necessary
◦ If your employer refuses to comply, you may file a complaint with the U.S. Department of Labor or pursue a private lawsuit under the FLSA.
◦ Remember, in most cases you must give your employer 10 days’ notice before suing.
Final Thoughts
The PUMP Act marks an important expansion of workplace protections for nursing employees. By guaranteeing time and space to pump, it helps working parents better balance their careers and their families’ health needs. While the law still has limits, employees should feel empowered to request accommodations and enforce their rights.
If you believe your employer has violated the PUMP Act, you may want to speak with an me or one of my talented colleagues in Austin or Houston about your options.