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Your Legal Corner - Client Alert Blog

Patient Protection and Affordable Care Act Requires Breaks For Nursing Mothers

Written By: Melissa C. Marsh, Esq., California Attorney, October 2010 Add to Favorites
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA) into law. The PPACA amended the Fair Labor Standards Act (FLSA) to require employers with 50 or more employees to provide break time for non-exempt nursing mothers. Employers with less than 50 employees "are not subject to the FLSA [nursing] break time requirement if compliance with the provision would impose an undue hardship." Whether an undue hardship exists is a grey area that requires the employer to analyze "the difficulty or expense of compliance... in comparison to the size, financial resources, nature, and structure of the employer’s business."

Pursuant to the amendment, covered employers must provide:

  1. "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."
  2. "A [functional] 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 breast milk."
Employers should reexamine their employment policies to ensure compliance for non-exempt nursing employees. Where practical, employers should also designate a private space that can be made available to nursing mothers for breaks to breast feed.


Tags: PPACA, FLSA, nursing mothers
Posted In: Employment Law News 


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.