Law Office of Melissa C. Marsh

Request a Same Day Telephone Consultation

Contact Us
Sherman Oaks, CA
Tel: 818-849-5206
Tel: 323-655-1002
E-mail: MMarsh

Search:
Home About Us
Areas of Practice
Articles Business Transactions Corporations Employment Law Internet-Computer Law Landlord-Tenant Limited Liability Company Partnerships Real Estate Law Trademark & Copyright Wills & Trusts
Testimonials Client Alerts Useful Links Contact Us
Request a Same Day Telephone Consultation
Visa Mastercard American Express PayPal

A A A

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 


If you would like to inquire about my services, please call 818-849-5206.
If you have additional questions or need specific legal advice tailored to your specific needs, please schedule a low cost Telephone Consultation.


Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.


Home | Request a Consultation | Practice Areas | Articles | Client Alerts | Testimonials | Terms of Use | Privacy Policy | Contact Us | Site Map
Copyright© 1998 - 2025, Melissa C. Marsh. All Rights Reserved.
Website Design By DK Web Design
Catering By Devon Eats

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.