August 31, 2012
No Private Right of Action for Expressing Milk
Mike Maslanka writes over at Work Matters about Salz v. Casey's Marketing Co. (N.D. Iowa), which interpreted a provision of the Patient Protection and Affordable Care Act that requires employers to provide female employees a place other than a bathroom to express milk for their infants. The court dismissed on 12(b)(6) a claim by a a woman that her employer failed to do so. The court held that the law does not provide a private right of action -- enforcement is only through the Department of Labor.
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