The PUMP Act: A Critical Advancement for Women's Workplace Rights

The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act represents a significant step forward in ensuring that nursing mothers have the necessary accommodations in the workplace. Signed into law on December 29, 2022, as part of the Consolidated Appropriations Act, the PUMP Act builds upon the protections established by the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA). It extends the requirement for employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump milk for their children. The Act is a critical component of broader efforts to support maternal and infant health by making it easier for working mothers to continue breastfeeding.

One of the primary features of the PUMP Act is its expansion of coverage to more employees, including those not previously protected under the FLSA, such as certain salaried employees and workers in other industries. The law also clarifies that the time spent pumping is considered work time if the employee is not completely relieved from duty, ensuring that employees are fairly compensated during these breaks. This provision is particularly important as it helps protect employees from losing wages while exercising their rights to pump at work.

The PUMP Act also addresses enforcement mechanisms, making it easier for employees to assert their rights. Under the Act, employees who believe their rights have been violated can file a complaint with the U.S. Department of Labor or pursue a private lawsuit. Employers found in violation may be required to compensate the employee for lost wages, reinstatement, and additional penalties. This enhanced enforcement mechanism strengthens the ability of nursing mothers to advocate for their rights without fear of retaliation.

Key Points About the PUMP Act:

• The PUMP Act requires employers to provide reasonable break time and a private space, not a bathroom, for employees to pump breast milk.
• Coverage is expanded to include more employees, including those previously excluded under the Fair Labor Standard Act (FLSA).
• The Act clarifies that time spent pumping is considered work time if the employee is not completely relieved from duty.
• Employers must provide a space that is shielded from view and free from intrusion.
• The PUMP Act applies to all employers, though small businesses with fewer than 50 employees may be exempt if compliance would cause undue hardship.
• Employees can file complaints with the U.S. Department of Labor or pursue private lawsuits if their rights are violated.
• Employers found in violation may face penalties, including compensatory damages and reinstatement of the employee.
• The Act aligns with broader efforts to support maternal and infant health by encouraging breastfeeding continuation.
• Providing accommodations under the PUMP Act can lead to higher employee retention and improved workplace morale.
• Employers have a 10-day grace period to provide the necessary accommodations once notified by the employee before a claim can be filed.
• The PUMP Act includes protections against retaliation, ensuring that employees can exercise their rights without fear of adverse consequences.
• On a federal level, under the PUMP Act, employers are required to provide time for employees to express milk at work for up to one year after the birth of the child.
• Other states provide longer period of time for employees to express milk at work under state laws. For example: California, Colorado, Connecticut, New York and Oregon.

Multiple Choice Question:

Which of the following statements is NOT true regarding the PUMP Act?

A) The PUMP Act requires employers to provide reasonable break time and a private space, not a bathroom, for employees to pump breast milk.

B) The PUMP Act applies only to employers with 50 or more employees.

C) The PUMP Act considers time spent pumping as work time if the employee is not completely relieved from duty.

D) The PUMP Act allows employees to file a complaint with the U.S. Department of Labor or pursue a private lawsuit if their rights are violated.

Rationale:

• A) This statement is true. The PUMP Act does require employers to provide reasonable break time and a private space, not a bathroom, for employees to pump breast milk.
• B) This statement is false. The PUMP Act applies to all employers, though small businesses with fewer than 50 employees may be exempt if compliance would cause undue hardship.
• C) This statement is true. The PUMP Act clarifies that time spent pumping is considered work time if the employee is not completely relieved from duty.
• D) This statement is true. The PUMP Act allows employees to file a complaint with the U.S. Department of Labor or pursue a private lawsuit if their rights are violated.

Correct Answer: B

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