November 11, 2019

As statistics continue to point to increasing numbers of working mothers in our workforce, companies need to stay informed about both existing and new or expanded laws surrounding lactation breaks and accommodations. Federal laws require that certain employers provide reasonable break time to each nonexempt employee who is a nursing mother to express breast milk for her child for up to one year after her child’s birth. These laws also require that certain employers provide a place for eligible employees to express breast milk that is not a bathroom, is shielded from the view of others and free from intrusion by co-workers and the public. However, federal law does carve out an exemption for companies with less than 50 employees if the company can show that allowing additional break time would cause undue hardship. Many state laws are less forgiving, though. For example, Oregon’s recently expanded lactation break law applies to all employers regardless of size and only allows an undue hardship exemption for employers with 10 or fewer employees. Know which laws apply to your company and how to stay compliant with them all. For more information about the laws in your jurisdiction and whether you think you might qualify for an undue hardship exemption, contact our attorneys at myHRcounsel today.