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ARTICLE · 12 JULY 2023

DOL Issues Guidance On PUMP Act For Nursing Workers

Perkins Coie LLP
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The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement...

United StatesEmployment and HR
Emily A. Bushaw
Emily A. Bushaw
Heather Shook
Heather Shook

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which was passed last year. The PUMP Act expands the Fair Labor Standards Act's (FLSA) workplace protections for all employees who need to express breast milk, not just those who are nonexempt. It also extended available remedies for violation of any provision of the PUMP Act. The Act is now in effect in all states. The DOL guidance offers insights into how the DOL interprets and might enforce the PUMP Act.

Break Time Requirements

Employers are required to provide nursing employees with reasonable break time each time they need to express breast milk at work for up to one year after the child's birth. There is no maximum number of breaks, so nursing employees are entitled to take as many as needed that day. Reasonable break

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