Breastfeeding Accommodations in the Workplace Investigation

Breastfeeding Open Class Action Settlements

Photo Credit: Unsplash | Updated: September 22, 2023

Claim Form Deadline: Ongoing

Estimated Payout: Varies

Proof required: Yes

The breastfeeding accommodations investigation is open to residents of any state or territory in the U.S.

Are you a working mother who needs to pump at work, but you have no place to do so?

You may be entitled to compensation. If your employer has failed to provide you with a clean, secure space to pump breast milk your rights may have been violated and you may have a claim.

The law states that employers must provide a space, other than a bathroom, for nursing mothers to pump breast milk. If you breastfed your child in the last year *and* your employer did not provide you with a clean, secure space to pump, please use the form below to get in touch with lawyers for a quick, confidential, and no-risk consultation. A brief intake form will allow a determination to be made as to whether a lawsuit can be brought forward and a compensation recovered on your behalf, if you qualify.

Which Law Protects Nursing Mothers?

The Fair Labor Standards Act (FLSA) is a U.S. federal law that establishes minimum wage, overtime pay, and child labor standards for most employees. It aims to ensure fair working conditions and protect workers' rights.

In December 2022, President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act or the "PUMP" for Nursing Mothers Act, which is part of the Consolidated Appropriations Act of 2023. This act extends the rights of nursing employees to receive break time and a private place for pumping breast milk while at work. This measure is designed to support working mothers who are breastfeeding their infants.

The PUMP Act builds upon the existing provisions of the Fair Labor Standards Act (FLSA), which initially provided certain nursing employees with these rights. The PUMP Act expands the scope of these rights, potentially covering more nursing employees and ensuring that they have the necessary accommodations to pump breast milk while at their workplace.

To learn more about which protections the FLSA grants as well as what additional legal ramifications the PUMP for Nursing Mothers Act provides, visit the United States Department of Labor.

What are some common types of breastfeeding accommodations in the workplace?

• Designated Nursing Room: Employers may provide a private and comfortable space for breastfeeding or expressing breast milk. This room should be shielded from view and free from intrusion by other employees or the public.

• Breast Pump-Friendly Environment: Employers might allow employees to use breast pumps during work hours, providing access to an electrical outlet and a clean and private area to set up the pump.

• Flexible Break Times: Breastfeeding employees may be given flexible break times to allow them to express milk when needed. This can be in addition to regular break times.

• Paid or Unpaid Breaks: Some companies may offer paid breaks for breastfeeding or pumping, while others may provide unpaid breaks, depending on local laws and company policies.

• Storage Facilities: Employers might offer a refrigerator or other appropriate storage facilities for storing expressed breast milk during the workday.

• Work-From-Home Options: In some cases, employers may allow breastfeeding employees to work from home or have a flexible work arrangement, which can make it easier for them to breastfeed or pump.

• Educational Support: Employers may provide educational resources and support to breastfeeding employees, helping them understand their rights and the available accommodations.

• Supportive Workplace Culture: Encouraging a supportive and understanding workplace culture can help breastfeeding employees feel comfortable discussing their needs and accessing accommodations.

It's essential to note that the specific accommodations available will depend on the legal requirements and the company's policies in each jurisdiction.

How Do I Qualify for the Breastfeeding Accommodations investigation?

If you breastfed your child after January 1, 2023 and your employer did not provide you with a clean, secure space to pump, please fill out the brief intake form here or by using either of the links below to see whether you qualify for compensation.