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Department of Labor Cracking Down on Violators of Breastfeeding Law
A March 2010 amendment to the Fair Labor Standards Act (FLSA) requires employers to provide "reasonable break time" to employees who are nursing mothers for one year after the birth of their child, so that the mothers can pump breast milk during working hours. Employers also have to provide a place for the nursing mothers to express their milk that is "shielded from view and free from intrusion from coworkers and the public," and that place can't be a bathroom.
The Wage and Hour Division of the Department of Labor (DOL) recently started cracking down on employers who don't comply with this provision. According to MSNBC, the DOL has already cited 23 companies, including Dollar General, Dillard's, Starbucks and a McDonald's franchise, for failure to provide adequate space and/or failure to provide reasonable time. Even though the DOL has not yet written the final rules regarding the law, it "intends to continue enforcing the law based on the statutory language," according to a DOL spokesperson.
Employers with fewer than 50 employees may be exempt from the law, but only if compliance with the provision would impose an "undue hardship." Smaller companies usually have more trouble than larger ones complying with the law because it's harder for small companies to find the extra space and time to accommodate nursing mothers.
The new amendment to the FLSA was included in the Affordable Care Act, which was part of President Obama's healthcare reform legislation. The law is constantly changing, and employers need to stay informed in order to avoid potential sanctions. WeComply's online FLSA training course can help employers keep its managers and HR employees up to date on this key compliance topic.
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Posted by WeComply on January 19, 2012 WeComply is a leading provider of customizable online ethics and compliance training solutions, offering more than 70 courses on such topics as anti-corruption, antitrust, Code of Conduct, preventing discrimination and harassment, data privacy and security, insider trading and whistleblowing. |
Categories: Workplace Compliance
Reader Comments
2 commentsFrom: hsds, 02/07/12 05:57 AM
Or, you could stay at home and take care of your spawn.
Great!
From: Bunny, 02/01/12 05:44 AM
As a mother of 2, both of whom I pumped milk for, this is wonderful. Many say, 'just give them formula and stop bothering with pumping.' That is not an option for a mother like me who has the love for their child and drive to give them what nature intended. It is a very selfless thing for a mother to pump for their child and if it is made near impossible for them by their employer, it is just terrible.
My employer was wonderful in my pumping days. They gave me a room, 2 30 minute breaks, and a fridge and sink to wash. I was able to pump as long as I wanted to and my kids are very healthy. My 2nd baby could not tolerate formula so for him, it was necessary above my desire.
Thank you for protecting our babies. In the end, this is who this law is for.