Great Lakes Wire

Since the PUMP Act became law in mid-2023, employers with more than 15 workers must provide nursing mothers with a private space to express milk at work. This requirement applies even for employees working offsite, such as on construction sites or farms, where traditional facilities may not be available.

The Fair Labor Standards Act, as amended by the PUMP Act, requires that employers offer a location other than a bathroom that is shielded from view and free from intrusion by coworkers or the public. The space must be functional, offering a place to sit and a flat surface other than the floor for the breast pump.

Guidance from the Department of Labor’s Wage and Hour Division and the Job Accommodation Network (JAN) suggests several ways employers can meet these requirements in outdoor or nontraditional settings. Options include pop-up tents designed for privacy and ventilation, using vehicle cabs with covered windows, portable lactation stations converted from other uses, temporary structures like mobile trailers with screened-off areas, or sharing designated spaces with other businesses.

For outdoor or mobile accommodations, it is recommended that employers consider access to running water for handwashing and cleaning breast pump parts. If water is not readily available, additional break time should be provided so nursing mothers can reach a water source. The provided space should be large enough for a chair and small table, ensure privacy, have access to electricity if needed for electric pumps, and account for weather conditions during extreme seasons.

Regarding milk storage, the law allows mothers to use small coolers with ice packs if refrigeration is unavailable.

The Equal Employment Opportunity Commission (EEOC) has taken action against employers who fail to comply with these requirements. "Employers are advised to not only have a policy addressing this but to educate managers about compliance, so they don’t create a situation where the employer faces a non-compliance complaint," according to guidance. A recent case cited EEOC v. Security Assurance Management Inc., where an employer was found liable after failing to provide adequate time and space for expressing milk.

Employers seeking further information can consult resources from the U.S. Department of Health and Human Services, the FLSA WHD site, or JAN.

"Employers are advised to not only have a policy addressing this but to educate managers about compliance, so they don’t create a situation where the employer faces a non-compliance complaint. Recently one employer was found liable when one of its managers failed to provide time and a place to express." (EEOC v. Security Assurance Management Inc.)

By Michael Burns