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Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA). While these new laws include some overlap with the requirements of already-existing federal and state laws, they also include additional obligations that employers must not only know, but be prepared to act on. This article discusses the need-to-know information for compliance with both the PUMP Act and the PWFA.

PUMP ACT

The PUMP Act went into effect on December 29, 2022, expanding existing protections under the Fair Labor Standards Act (FLSA) for nursing mothers in the workforce.[1] For instance, the right to reasonable break time to pump at work was previously limited under federal law to nonexempt workers, but the PUMP Act expanded those protections to include exempt workers—including salaried workers with duties that do not ordinarily entitle them to overtime pay, such as nurses and teachers.

Because the PUMP Act is an expansion of already-existing protections, it is important for employers to understand two things: 1) whether the FLSA (and therefore the PUMP Act) covers the employer and its employees; and 2) if so, what additional accommodations must the employer provide to its employees who are nursing.

As of April 28, 2023, an employer who violates an employee’s right to reasonable break time and space to pump breast milk could be liable for appropriate legal or equitable remedies under the Act.

This publication is intended for educational purposes only. This communication highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how the information applies to any specific situation.