On December 29, 2022, President Joe Biden signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act expands federal protection for nursing workers, and provides more expansive remedies if an employer violates workers’ rights under the act.

Prior to the PUMP Act, the federal law covering workers needing to express milk in the workplace was the Fair Labor Standards Act (FLSA). The FLSA requires employers to provide reasonable break time and a private place, other than a bathroom, for an employee to pump breast milk for their nursing child for one year after the child's birth.

However, not all workers were covered by this provision in the FLSA. Exempt (e.g., salaried) employees, for example, were not entitled to time and place to pump breastmilk while at work. Additionally, remedies were limited to unpaid wages or equitable remedies under the FLSA. The PUMP Act covers almost 9 million more workers, while still excluding from coverage certain workers (e.g., certain employees of transportation providers).

While the PUMP Act took effect upon President Biden’s signing, the remedies will not take effect until April 28, 2023. Remedies under the PUMP Act may include employment, reinstatement, promotion, liquidated damages, compensatory damages, and make-whole relief, such as economic losses that resulted from violations, and even punitive damages.

The PUMP Act does offer some relief to employers by requiring employees to notify the employer of the failure and allow 10 days for the employer to come into compliance before they can file suit regarding the employer’s failure to comply. Employers should note that employees are not required to provide the 10-day notice if:

• The worker has been fired for requesting reasonable break time or space,
• The worker has been fired for opposing employer conduct related to PUMP Act rights; or
• Where the employer has expressed a refusal to comply.

Employers should note that workers are also protected from retaliation under the PUMP Act. Employees who have been subject to retaliation may seek additional remedies including, but not limited to, employment, reinstatement, lost wages and an additional equal amount as liquidated damages, compensatory damages and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.

Due to Hawaii‘s state laws protecting breastfeeding workers, Hawaii employers’ obligations are not greatly impacted by the PUMP Act. The key takeaway is that more employees are now covered by federal law in addition to state law, and the remedies available to employees under federal law have expanded. Employers should ensure supervisors and managers are trained how to respond appropriately if an employee or applicant indicates their need to express breastmilk at work.

For more information about the PUMP Act and the federal protections for nursing employees, see the U.S. Department of Labor’s Frequently Asked Questions – Pumping Breastmilk at Work.