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Nursing Mother’s Act

The Nursing Mother Amendment to the Fair Labor Standards Act (FLSA) became effective in 2010. It requires employers covered by the FLSA to provide for unpaid breaks to nursing mothers so they can express breast milk. While employers are not required to provide such breaks to exempt employees, it is recommended to do so in keeping with positive employer-employee relations. Covered employers with less than 50 employees are exempted from this provision if they can prove that these breaks would impose an “undue hardship” on the employer meaning that it would cause the employer significant difficulty or expense, however we would caution that claiming undue hardship in this area would be a difficult case to make, thus all efforts should be made to comply with the amendment.
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