Last week, the New Jersey Herald published a report about a discrimination lawsuit that has been filed in northern Pennsylvania. The lawsuit was filed by a woman who claims that she was discriminated against for taking breaks to pump breast milk during the workday. The news report may have many women in New Jersey wondering about what rights nursing mothers have in the workplace.

In New Jersey, there is no specific state law that requires employers to allow mothers time to pump milk at work. However, the federal Fair Labor Standards Act, as amended by the Patient Protection and Affordable Care Act, does require employers to provide nursing mothers with reasonable breaks.

The FLSA requires employers to provide such break time for nursing mothers for one year after a child’s birth. They must also provide a private place  – other than a bathroom – which may be used by employees to express milk. And, employers may not discriminate against employees who take such breaks, and they may not retaliate against employees who complain that an employer is not complying with the FLSA requirement.

The law states that employers must provide enough break time as needed by the nursing mother; the frequency and duration of breaks would, of course, vary from person to person.

The law, however, does not cover all employees. Employees who are exempt from overtime pay requirements are also exempt from breaks to express milk. However, in some states, such workers would be entitled to breaks under state law.

Employers in New Jersey that have fewer than 50 employees do not have to comply with the break time requirement if it would create an undue hardship; a simple inconvenience, however, is not an undue hardship.

Those who have been denied a private place to pump milk at work, or who have been retaliated against or discriminated against because they are nursing mothers, may benefit from talking to an attorney about their employment rights.

Source: New Jersey Herald, “Pa. mom sues employer over breast pumping,” Nov. 7, 2013

Source: United States Department of Labor, “Break Time for Nursing Mothers under the FLSA,” Aug. 2013