Breastfeeding employees have the right to pump milk at work, as protected by the Fair Labor Standards Act (FLSA).

An FLSA amendment in 2010 was the first to include break time and space requirements for pumping. On December 29, 2022, the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers) was signed into law, further expanding these protections to approximately 9 million additional employees who were not previously covered.

In May 2023, the U.S. Department of Labor (DOL) released guidance on the “pump at work” provisions of the PUMP Act. These are the highlights:

Break times

The DOL’s guidance emphasizes that the frequency, duration, and timing of breaks should vary based on individual employee. While the employer and employee may agree to a general timetable, employers should not impose rigid pumping schedules.

For one employee, a reasonable break time might be four 25-minute breaks each day. Another might need two 30-minute breaks. These breaks must be given each time the employee needs to pump, and schedules should be flexible to accommodate an employee’s changing needs over the first year after their child’s birth.

Compensation

As with other breaks under the FLSA, a nonexempt employee must be completely relieved from duty, or the time spent pumping must be counted as hours worked. If a nonexempt employee performs any work activities during this time, such as reviewing emails, or taking a work-related phone call, they must be compensated for that time. Furthermore, short breaks of 20 minutes or less must also be counted as hours worked.

Exempt employees are paid on a salaried basis that should not be reduced due to variations in the quantity of their work. Therefore, when salaried exempt employees take pump breaks, their salaries may not be reduced to reflect this break time.

Appropriate spaces

Employers are required to provide private spaces, other than bathrooms, that are shielded from view and free from intrusion for expressing breast milk. The DOL’s guidance expands on the requirements, including the need for a functional space with seating, a flat surface for the pump (other than the floor), and safe storage options for breast milk, such as a refrigerator or an employee’s personal cooler.

The DOL further recommends (although falls short of requiring) access to electricity for electric pumps and access to a sink for sanitation.

Exemptions and next steps

In limited circumstances, employers with fewer than 50 employees nationwide may be exempt from the PUMP Act requirements if they can demonstrate undue hardship.

Employers should review their current policies on break times for nursing employees and ensure they have adequate private locations with the required resources. Employers are also advised to update their FLSA Minimum Wage Poster to reflect the new pump-at-work provisions and ensure compliance with posting requirements.