Health Care Reform Law Impacts Businesses Who Employ Nursing Mothers

By: Michael J. Ernst

The health care reform law which was recently enacted included a provision amending the Fair Labor Standards Act (“FLSA�) which adds new requirements for employers with nursing mothers in their workforce (the “Amendment�). The Amendment requires that an employer provide a nursing mother with reasonable break time to express breast milk as needed for one year after the child’s birth. An employer is also required to provide the mother with a nursing area – other than a bathroom – that is shielded from view and free from intrusion.

The Amendment does not require an employer to compensate the mother for any work time spent nursing. Additionally, the Amendment explicitly exempts employers with fewer than 50 employees if these requirements would impose an undue hardship on their operations. Specifically, an employer will be exempt if these requirements would cause significant difficulty and expense when considered in relation to the size, financial resources, nature or structure of its business.

Importantly, the Amendment does not preempt any state laws that provide greater protection to employees who are nursing mothers. For example, the District of Columbia, Illinois, Indiana and Minnesota are among states that have passed laws requiring employers to provide certain accommodations to nursing mothers. Therefore, in addition to implementing the foregoing requirements, employers must ensure that their practices are compliant with any State-specific law that provides protection beyond what the Amendment requires.

Stokes Lazarus & Carmichael LLP has represented companies in employment matters for over 30 years.  SLC provides sound legal advice at reasonable fees nationwide.  Both the author and the firm are rated “AV^®� and “Preeminent^TM� (5.0 out of 5.0) by Martindale-Hubbell^® (the highest rating given), which reflects “Preeminent� legal ability and “Very High� general ethical standards.  If you have any questions regarding FLSA or the Amendment, please contact Michael J. Ernst at mje@slclaw.com or 404-352-1465 ext. 41.