Employment / 1 min read
The PUMP Act serves as an amendment to the Break Time for Nursing Mothers Act enacted in 2010. The PUMP Act amendments broaden current employer obligations to lactating employees starting on April 28, 2023.
One of the main takeaways from the PUMP Act amendments is that the Act now covers all employees, including both overtime-exempt and non-exempt workers. Previously, most salaried, exempt employees were excluded from coverage.
The Act also clarifies that an employer is not required to compensate an hourly employee receiving a break to express breast milk unless the employee is still clocked-in or not completely relieved of their job duties. In contrast, an exempt, salaried employee’s pay should not be deducted for this break time.
In terms of coverage, the law states that employers with fewer than 50 employees are not subject to the requirements of the Act if the requirements would impose an undue hardship that is disproportional to the employer’s size, financial resources, nature, or structure.
The PUMP Act also provides a private right of action for employees under the Fair Labor Standards Act (FLSA). However, the Act requires an employee to follow administrative procedures prior to suing. An employee must bring an alleged violation to their employer's attention and give the employer 10 days to cure the violation.
Considering this, employers should take the following actions to prepare:
- review and update policies to comply with the PUMP Act;
- train supervisors and the human resources department to understand the requirements of the Act and the PUMP amendments.