Blanchard & Walker Weekly

Topic of the Week  National Breastfeeding Month and Your Rights at Work

Workers who are nursing are protected under the Fair Labor Standard Act (FLSA) which took effect via the Affordable Care Act in 2010. This legislation requires that employers provide a reasonable break time for employees to express milk for up to a full year after the birth of a child and a private space to do so that is not a bathroom.

Employers are not required to compensate employees for the break time that they take to express milk, however, if an employer typically offers paid breaks to all employees, nursing workers can use the compensated break time for this purpose.

Since these protections may be limited, and may exclude some employers, it's important to know the law in your specific state. Learn more here.

1. How do I request a break to express breast?

There is no formal way to request a break to express milk. Employers are required to treat breaks taken to express breast milk the same as other breaks. Also employers are required to allow breast feeding moms to express milk as frequently as needed. Communication between the employer and employee can help to make this process a smooth one.

2. Does my employer need to provide a permanent space for nursing mothers to express breast milk at work?

No. Employers may designate a temporarily created or converted space for expressing milk. The space does not need to be permanent but it must be available when needed by nursing mothers. The space must be shielded from view, and free from intrusion from co-workers and the public. Employers may choose to create a permanent space dedicated for expressing breast milk.

3. How do I file a complaint for a violation of a breastfeeding break time?

Nursing mothers who feel their break time requirements have been violated can file a complaint with the Department of Labor Wage and Hour Division (WHD). The WHD staff would benefit from information such as the date of birth of your nursing child and a description of your concern; for example, lack of reasonable time or adequate space for expressing milk.

All services are free and confidential, and your employer cannot terminate you or in any other manner discriminate against you for filing a complaint with the Wage and Hour Division.

Thought of the Week

"We’re talking about basic protections like ensuring pregnant women have a stool or a water bottle so they can stay on the job, or that all nursing moms have the time and space they need to pump. We’ve been fighting for years to get these bills across the finish line. …With reproductive rights under attack — and with a formula crisis still putting stress on parents’ shoulders — the very last thing anyone should have to worry about is losing their job because they’re pregnant or nursing."

–Senator Patty Murray

Weekly Comic by Jerry King

Weekly Comic by Jerry King

Blog of the Week

Working people are so screwed: Rents spike and minimum wage hits its lowest value since 1956

The average wage needed for someone to afford a market-rate one-bedroom apartment rental in this country is $21.25 per hour. The federal minimum wage is $7.25 per hour. It’s not hard to see the problem here.

Both sides of the equation are responsible: The rent is too damn high and the pay is too damn low.

Top Five News Headlines

  1. Women Drive Job Gains as US Labor Market Surges Back in July
  2. Massive Jobs Surprise: US Economy Added 528,000 Jobs in July
  3. U.S. Labor Market Defies Recession Fears as Job Growth Surges in July
  4. Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent
  5. Where the Fed's Inflation-Crushing Campaign May Hurt the Most

List of the Week

from Pregnant@Work

Breastfeeding discrimination takes many forms, including:

  • denying pumping break requests from workers who are in pain and leaking milk
  • firing them just for asking
  • refusing to provide privacy or safe conditions 
  • crude comments on their body


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  • The End of Forced Arbitration for Survivors of Sexual Assault and Sexual Harassment March 8, 2022

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    For far too long, countless survivors, workers, and consumers have been silenced by forced arbitration. (more…)


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