The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) expanded federal protections for breastfeeding employees, changing the landscape for working mothers nationwide. Before the PUMP Act, millions of workers fell outside the scope of lactation break protections, leaving them vulnerable to retaliation and denial of basic accommodations.

Now, if your employer refuses to provide you with adequate break time or a private space to express milk, you may have a valid legal claim. A discrimination lawyer can help you figure out whether your rights have been violated and what steps to take next.

What Is the PUMP Act? 

Signed into law in December 2022, the PUMP Act extended lactation break protections to nearly all workers covered by the Fair Labor Standards Act (FLSA). The law applies broadly across industries and job classifications:

  • Salaried employees 
  • Part-time workers 
  • Temporary and seasonal employees 
  • Federal employees 
  • Workers previously excluded under the 2010 Break Time for Nursing Mothers provision 
  • Employees in all 50 states, regardless of employer size

PUMP Act Protections 

The PUMP Act gives nursing employees a clear set of rights that employers must honor for up to one year after a child’s birth. These protections go beyond simply allowing breaks and address the conditions surrounding them:

  • Private space: Your employer must provide a place to pump that is shielded from view, free from intrusion, and not a bathroom, whenever you need it. 
  • Time to pump: You are entitled to reasonable break time as often as needed to express breast milk during the workday. 
  • Remote work: If you work remotely, your employer cannot require you to turn on a camera or participate in video meetings during your pumping time. 
  • Duration: These protections remain in effect for one full year following the birth of your child. 
  • Compensation: While employers do not have to pay for pump breaks if you are fully relieved of duties, any time spent pumping while still performing work tasks must be compensated.

Exceptions to the PUMP Act 

While the PUMP Act covers the vast majority of American workers, a few narrow exceptions do exist under the law. Knowing whether one applies to your situation matters before you take action:

  • Employers with fewer than 50 employees may seek an exemption if they can demonstrate that compliance would impose significant difficulty or expense 
  • Certain airline crew members may have separate protections that apply 
  • Rail and motorcoach employees received modified accommodation timelines 
  • Employees who do not fall under FLSA coverage

Some State Laws Exceed Federal Regulation 

Several states have passed their own lactation accommodation laws that offer protections beyond those required by the PUMP Act. For example, if you work in New York, New Jersey, or Massachusetts, your rights extend well beyond the federal baseline, and the differences between these three states are significant.

New York State 

New York offers some of the strongest lactation protections in the country, and the law was significantly strengthened as recently as June 2024. Under New York Labor Law Section 206-c, as amended effective June 19, 2024:

  • Paid break time: All New York employers must provide 30 minutes of paid break time each time an employee has a reasonable need to express breast milk. If more than 30 minutes is needed, the employee may use existing paid breaks or meal time for the additional time. 
  • Duration: Protections extend for up to three years following childbirth, three times longer than the federal one-year period. 
  • All employers covered: The law applies to every employer in New York State, regardless of the number of employees, with no small-business exemption. 
  • No makeup time: Employers cannot require employees to work extra hours or make up time taken for lactation breaks. 
  • Written policy: Employers must distribute the New York State Department of Labor’s model lactation policy to all employees upon hire and annually thereafter, and again when an employee returns from leave following the birth of a child. 
  • Designated space: The pumping room must be in close proximity to the work area, well-lit, shielded from view, and free from intrusion.

New York City employers must comply with both state law and additional requirements under the New York City Human Rights Law. NYC law requires the pumping space to include a chair, a flat surface for equipment, access to electricity, access to refrigeration for storing expressed milk if the workplace has refrigeration, and proximity to running water. Employers must also respond in writing to employee requests for a lactation room within five business days.

New Jersey 

New Jersey’s protections for nursing employees are grounded in the New Jersey Law Against Discrimination (NJLAD), which has treated lactation as a protected characteristic since 2018. Key features of New Jersey’s law include:

  • All employers covered: The NJLAD applies to all New Jersey employers, with no minimum employee threshold. However, employers with fewer than 50 employees may apply to the Department of Labor for an undue hardship exemption in limited circumstances. 
  • No fixed duration: Unlike federal law, New Jersey does not impose a strict one-year cutoff. Protections extend for as long as the employee is breastfeeding or lactating, which aligns more closely with medical recommendations for breastfeeding duration. 
  • Reasonable accommodations: Employers must provide reasonable break time and a private, non-bathroom space in close proximity to the work area. New Jersey law defines the lactation room as a sanitary room that includes an electrical outlet, a chair, and nearby access to running water. 
  • Independent contractors: The NJLAD’s general provisions extend protections to many independent contractors in addition to traditional employees, though the specific lactation accommodation requirements under N.J.S.A. 10:5-12(s) apply to employees. 
  • Anti-retaliation: Filing a complaint or requesting accommodations cannot result in any adverse employment action. Protections apply from the first day of employment, and employers cannot impose probationary waiting periods before accommodations must be provided.

Massachusetts 

Massachusetts protects nursing employees under its Pregnant Workers Fairness Act (PWFA), which amended G.L. c. 151B and has been in effect since April 2018. Key features include:

  • Employer size: The law applies to employers with six or more employees. 
  • Reasonable accommodations: Employers must provide reasonable accommodations for lactation and milk expression, which may include more frequent or longer breaks, private non-bathroom space for pumping, temporary job transfer, schedule modifications, and permission to pump at the employee’s own workstation when feasible. 
  • Interactive process: Employers must engage in a good-faith interactive process with the employee to determine appropriate accommodations. 
  • No set duration: Massachusetts law does not specify a fixed end date for lactation protections, tying them instead to the ongoing need to express breast milk. 
  • Undue hardship defense: Massachusetts allows employers to deny accommodations if they can demonstrate that the specific accommodation would impose undue hardship, defined as significant difficulty or expense. The burden of proving undue hardship falls on the employer. 
  • Documentation: Employers generally cannot require documentation for core accommodations such as private space and break time for pumping, but may request documentation for other extended accommodations. 
  • Anti-retaliation: Employers cannot take adverse action against an employee for requesting or using lactation accommodations.

How a Discrimination Lawyer Can Help 

A discrimination lawyer who handles pregnancy and lactation cases can walk you through the process from start to finish. Having legal guidance early on can inform you whether your employer violated federal or state law and assist in taking proper action.

Has your employer denied you pumping breaks, forced you to use a bathroom, or punished you for standing up for your rights as a nursing employee? Schedule a free case evaluation with an experienced discrimination attorney at Working Solutions NYC, who will review the facts of your situation, identify every federal and state protection that applies, and help you take decisive action to hold your employer accountable. 

We represent employees in NYC, across New York State, New Jersey, Massachusetts, and nationwide.