Guidance identifies how the DOL views the PUMP Act and addresses break schedules, space needs, and new poster requirements.

Field Assistance Bulletin No. 2023-2 (FAB) was issued by the Department of Labor (DOL) Wage and Hour Division to provide guidance to its field staff on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). On December 29, 2022, the PUMP for Nursing Mothers Act was signed into law and extended the rights of nursing employees to receive break time to pump  in a private place at work.  

The FAB adds the following information about how the DOL views the PUMP Act and how they may enforce it.

• Break Schedule
  • The guidance reminds employers that the frequency, duration, and timing of breaks will vary based on a multitude of factors unique to each employee and child so that a one-size-fits all approach is not appropriate.
  • The employers and employees can agree to create a break schedule based on the nursing employee’s needs and allows the schedule to be adjusted as the nursing employee’s needs change. 
• Space Requirements
  • The guidance expands the requirement to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express milk,” to say that it must be a functional space. A “space must contain a place for the nursing employee to sit, and a flat surface, other than the floor, on which to place the pump. Employees must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator.”  
  • The DOL recommends the use of locking doors for a private room or signage advising that the space is in use; however, the use of partitions or privacy screens can also satisfy the requirements.  
  • The space should have access to electricity so for the use of an electric pump and be close to a sink to make it easier for employees to wash their hands and clean pump parts. 
• Posting Requirements
  • The DOL Minimum Wage Poster has been updated to include information on employees’ rights under the PUMP Act. The new April 2023 version should replace the August 2016 version and should be accessible to all employees, allowing for electronic posting.