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ARTICLE · 25 MARCH 2013

Be Aware Of Breast Feeding Break Rule

Fox Rothschild LLP
Fox Rothschild LLP
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The first appellate court to interpret the new break time rules for nursing moms has been issued by our very own United States Court of Appeals for the Eleventh Circuit (which governs Florida).

United StatesEmployment and HR
Dori Stibolt
Dori Stibolt
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The first appellate court to interpret the new break time rules for nursing moms has been issued by our very own United States Court of Appeals for the Eleventh Circuit (which governs Florida).

What the Law Provides

The Patient Protection and Affordable Care Act ("Affordable Care Act" also known as "Obamacare") amended the Fair Labor Standards Act ("FLSA") to provide the following:

  • Employers are required to provide reasonable break time for a non-exempt employee to express breast milk for her nursing child for one year after the child's birth.
  • Such break times do not need to be compensated unless other employees are compensated for break times.
  • Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk

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