Department of Labor releases first set of guidelines for new law on worksite protection of breastfeeding, continued

U.S. Department of Labor has released its first Fact Sheet explaining the March, 2010 amendment to the Fair Labor Standards Act contained in the new healthcare reform law that requires employers to provide breaks for nursing mothers. The law requires employers to provide "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk." Employers must provide the breaks "as frequently as needed", and must give the employee a private place, other than a bathroom, to take the breaks. The breaks need to be of "reasonable" length. The employer does not have to pay the employee for the break time, unless the employer already provides compensated breaks, and the employee uses one of those breaks to express breast milk. The law applies only to non-exempt employees, and not to exempt employees. Employers with under 50 employees are not subject to the law "if compliance with the provision would impose an undue hardship."

The Fact Sheet reviews general requirements of the law, time and location of breaks, coverage and compensation, and where to obtain additional information. Advocates may wish to provide copies of this Fact Sheet to employers and mothers to help assure that all are informed of how best to implement this new law.

http://www.flemploymentlawblog.com/uploads/file/FLSA%20Breastfeeding%20Breaks%20Fact%20Sheet(1).pdf