Southwest Florida HR Law & Solutions : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

The Department of Labor recently issued a fact sheet on the break time requirement nursing mothers, which I discussed in a previous post.  As a brief review, the Patient Protection and Affordable Care Act included a provision amending the Fair Labor Standards Act to require employers to

"provide reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk."

The fact sheet clarifies the effective date, which was March 23, 2010.  It also addresses issues such as time and location of breaks, covered employers, and compensation for the nursing mothers. 

Of note for many of our readers is the exception for employers with fewer than 50 employees:  if compliance with the provision would "impose an undue hardship," companies with fewer than 50 employees are exempt.  Exemption status will be determined on a case-by-case basis, with consideration given to the size, financial resources, and structure of the business, among other things.

View the fact sheet by downloading it here. 

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As part of the recently enacted Patient Protection and Affordable Care Act ("PPACA"), the Fair Labor Standards Act has been amended to require breaks for nursing mothers.  Effective immediately, employers must now provide "reasonable" breaks for nursing mothers to breastfeed or express breast milk.  The amendment does not define "reasonable," nor does it specify the length or frequency of the required breaks.  The reasonable breaks, which must be provided for up to one year after the child's birth, can be unpaid breaks.

Additionally, employers must also provide a private place, other than a restroom, that is "shielded from view an free from intrusion from coworkers and the public." 

Many states already have laws related to nursing in the workplace.  Florida, however, is not one of them.  While Florida Statute 383.015 allows women to breastfeed in any public or private location, no law in Florida specifically required an employer to offer breaks for nursing mothers.

Expect the Department of Labor to issue guidance on this issue shortly.  Until then, employers must take care to design appropriate break policies to ensure compliance with this new FLSA requirement.

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The Employment Law Practice Group is pleased to provide the February 2010 edition of the Employment Law Update, which features the following articles:

• Did you know that Florida ranks second only to California in the number of wage and hour suits brought against employers?  Robert Shearman provides employers with a timely update and advice in "Taking Care of Business and Working Overtime: FLSA Lawsuits on the Rise."

• Whether an employee is terminated because of a depressed economy or poor performance, severance agreements are important for employers and employees alike. John Agnew explains in "Why a 'Golden Parachute' Can Be As Good For The Employers As It Is for the Employee, Especially in Difficult Economic Times."

• In the article "Amendment to FMLA Expands Military Family Leave," Joanne Lashey explains how FMLA policies should be reviewed and revised to comply with changes to exigency leave, contingency operations and caregiver leave requirements.

• Be sure to mark your calendar and save the date of April 27, 2010 so you can attend the 18th Annual HR Law & Solutions Seminar at Pelican Preserve Country Club in Fort Myers. The topics and speakers are announced on page 4; look for registration to begin mid-March.

• Click to download your copy of the Employment Law Update.

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