Discrimination & Harassment

Breastfeeding & The Workplace

Outten & Golden attorneys are committed to workplace equality for mothers and have represented women who want to breastfeed or express milk during the workday.

New York State permits mothers to breastfeed babies in any public or private location, in or outside of the workplace. Nursing mothers must also be allowed reasonable unpaid break or meal times to pump or otherwise express milk for up to three years after giving birth. Employers may not discriminate against mothers who breastfeed, and must make reasonable efforts to provide a location in or near the work area where they can express milk in privacy. 

As of March 23, 2010, federal law also requires many employers to provide a place and time for most employees to express milk for up to one year after giving birth. The area provided cannot be a bathroom and must be free from intrusion. Small employers do not need to provide a space if they have fewer than 50 employees and providing such a space would cause the employer undue hardship. Employers must provide breaks for expressing milk. These breaks do not have to be paid, but if the employer normally allows paid breaks, an employee who uses those breaks to express milk must be paid for them as well. Lawyers at Outten & Golden can help employees enforce the rights these laws confer on them.

Contact Discrimination Lawyers

If you believe you have been subjected to discrimination and/or have been denied a place and time to express milk per the explanations above, please contact the firm through the ”Contact Us" form or by calling us in the New York, San Francisco or Washington, DC office (see bottom of page for phone numbers) to begin the Outten & Golden intake process.

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How 'Useless' FLSA Nursing Break Provision Could Get Fixed

Law360 - Daniela Porat

As U.S. senators prepare to mark up a bill on Tuesday that would provide protections to nursing mothers in the workplace, Law360 explores how it could correct the lactation break provisions under the FLSA that have been described by judges and attorneys as toothless and illogical.