News
Fair Labor Standards Act Amended to Require Reasonable Break Time for Nursing Mothers
April, 22 2010
The Patient Protection and Affordable Care Act, signed by President Obama on March 23, 2010 and often referred to as Health Care Reform, amended the Fair Labor Standards Act to require employers to provide nursing mothers reasonable break time to express milk for up to one year after the birth of their child. The amendment provides that breaks for nursing mothers need not be compensated. The U.S. Department of Labor (DOL) has not yet defined how many breaks and how much break time is “reasonable.” In addition to providing break time, employers must also make reasonable efforts to provide a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express milk.Employers of less than 50 employees may be exempt if they can show that the requirement would pose an “undue hardship.” There is no effective date provided for the amendment, and employers are advised to comply with these requirements immediately.
The DOL is expected to provide further guidance concerning these new requirements. If you have any questions about your organization’s obligations under the Fair Labor Standards Act, please contact your employment counsel or contact us.
The DOL is expected to provide further guidance concerning these new requirements. If you have any questions about your organization’s obligations under the Fair Labor Standards Act, please contact your employment counsel or contact us.
Gignilliat, Savitz & Bettis, LLP
900 Elmwood Avenue, Suite 100
Columbia, South Carolina 29201
p. 803-799-9311 f. 803-254-6951
firm@gsblaw.net Contact Us
900 Elmwood Avenue, Suite 100
Columbia, South Carolina 29201
p. 803-799-9311 f. 803-254-6951
firm@gsblaw.net Contact Us