FLSA Amendment Requires Breaks for Nursing Mothers

April, 2010

A provision in the new federal health care laws amends the Fair Labor Standards Act and requires employers to provide reasonable break times for nursing mothers. Employers must also provide a private area other than a restroom for mothers to nurse or express milk.

This law applies to all employers regardless of size. The only exception is that employers with fewer than 50 employees are not required to comply with this law only if they can prove compliance would cause an undue hardship. This law is currently effective, but will likely not be enforced until the Department of Labor issues regulations. However, employers should comply now.

Oregon has a similar law in place, but it only applies to employers with 25 or more employees.


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