Tuesday, July 27, 2010
You might recall that we posted back in March about healthcare reform amendments to the FLSA that require covered employers to provide lactation breaks and space for non-exempt employees who are nursing. The DOL has now issued a fact sheet explaining that obligation.
The fact sheet makes clear:
- That the FLSA's provisions don't preempt state laws that are more generous
- That the number and time for breaks will vary based on each woman's needs
- That a bathroom is not an acceptable location, nor is a space open to intrusion by others
- That employers with fewer than 50 employees may be exempt from the requirement if based on the size, financial resources, structure, and nature of the employer's business, complying would pose an undue hardship
- That these breaks need not be compensated, although if the employee gets compensated breaks and wishes to use them for nursing or expressing milk, the employer may not discriminate against this use
See the sheet itself for a more full explanation.