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The Fair Labor Standards Act was recently amended to require employers to provide a private space for mothers to breastfeed and allow them adequate breaks to do so.
The required space must be secure, free from disturbances and other employees, and a refrigeration unit must also be provided.
This is posing problems for some smaller companies that might not have any additional space or manpower to accommodate a new or nursing mom, which is why companies with less than 50 employees are exempt from the rule if doing so would cause "an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business."
Bathrooms are also not to be considered acceptable “private areas” for the mothers to nurse, and employers can be fined if the new regulation is not followed. It is reported that 23 companies have been issued citations for not adhering to the rule.
To have all of your FLSA questions answered, contact Kennedy Hodges at 888.449.2068 for a complimentary case evaluation.
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