Tidal Waves? Music Streaming Service Faces Lactation Break Challenge

While many employers are focused on efforts by the U.S. Department of Labor (DOL) to implement and enforce its revised white collar overtime regulations under the Fair Labor Standards Act (FLSA), employers should not overlook another aspect of the FLSA concerning lactation breaks for breastfeeding mothers.

The music streaming service Tidal has been sued by a former employee, Lisette Paulson, for allegedly terminating her employment upon her return from maternity leave and after she inquired about a private area to pump breast milk. In Lisette Paulson v. Tidal, et al., 1:16-cv-09049-LTS, filed in the Southern District of New York on November 21, 2016, Paulson claims that her employment was terminated several days after her return to work on the day after she requested a private area to pump breast milk but was instructed to use a bathroom and told she could not use an office.