As a small business owner, you wear many hats: leader, strategist, problem-solver, and culture builder. But one of the most important roles you play is that of a compliant employer. With the passage of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), understanding lactation laws is now a legal requirement to ensure you are providing the necessary protections and accommodations for nursing employees.

The PUMP Act, which went into effect on December 29, 2022, and added enforcement remedies in April 2023, expands protections for nursing employees under the Fair Labor Standards Act (FLSA). These protections apply to both exempt and non-exempt employees, making it essential for businesses of all sizes to understand and implement the law.

Beyond national shifts, lactation laws can also vary by state. To understand employee protections, both employees and employers can visit the Equal Employment Opportunity Commission’s website.

Here are five key things small business owners need to keep in mind:

1. Break Time for Pumping Is a Federally Protected Right

The PUMP Act mandates that employers must provide reasonable break time for employees to express breast milk each time they need to, for up to one year after childbirth. These breaks can be unpaid, unless the employee is not fully relieved from their duties or pumps during a paid break.

For example, if an employee pumps during a safety meeting or while monitoring a work process, they must be compensated for that time. Similarly, if your business offers paid breaks and an employee chooses to pump during that time, they should be paid just like any other employee on break.  

This means you’ll need to:

• Review your break policies.
• Ensure timekeeping systems can accommodate pumping breaks.
• Train managers to understand when pumping time must be paid.

2. You Must Provide a Private, Functional Space (Not a Bathroom!)

One of the most specific requirements of the PUMP Act is the provision of a private space for pumping. This space must be:

• Shielded from view
• Free from intrusion
• Functional for expressing breast milk
• Not a bathroom

For small businesses with limited space, this can feel challenging. However, the law allows for temporary conversion of existing spaces, as long as they meet the criteria. Think creatively: a storage room, unused office, or even a curtained-off area with a locking door can work if it’s clean, private, and functional.

Also consider safety. If your business involves chemicals, machinery, or other hazards, make sure the designated space is safe for lactating employees. As noted by experts at PEO Insider, OSHA has noted that exposure to reproductive hazards is a growing concern, so this is not just a legal issue, it’s a health one.

3. All Employees Are Covered Unless You’re Truly Exempt

The PUMP Act applies to all employers covered by the FLSA, which includes most businesses. It covers both hourly and salaried employees, with very limited exceptions for certain transportation industries like airlines and railroads.

Small businesses with fewer than 50 employees may seek an exemption if they can demonstrate that compliance would cause undue hardship. However, this is a high bar to meet and should not be assumed. The Department of Labor (DOL) will evaluate factors like the nature of the business, financial resources, and the impact on operations.

In most cases, it’s more practical and beneficial to comply than to pursue exemption.

4. Retaliation Is Strictly Prohibited

Employees who request lactation accommodations are protected from retaliation. This means you cannot:

• Deny promotions
• Reduce hours
• Discipline
• Terminate
• Harass

…based on an employee’s request to pump or use break time for lactation.

Retaliation claims can be costly and damaging to your reputation. To avoid issues:

• Train supervisors to handle requests professionally.
• Document all accommodation requests and responses.
• Create a clear, confidential process for employees to request pumping accommodations.

The PUMP Act also intersects with the Pregnant Workers Fairness Act (PWFA), which considers lactation a pregnancy-related condition. This means pumping accommodations may also fall under broader anti-discrimination protections.

5. Policy Updates and Training Are Essential

Compliance isn’t just about knowing the law. It’s about implementing it effectively. That starts with updating your:

• Employee handbook
• Break policies
• Accommodation procedures
• Labor law posters (to include the PUMP Act)

You should also train your team (especially HR, managers, and supervisors) on how to recognize and respond to pumping-related requests. Consider creating a process similar to the ADA accommodation process, where employees can confidentially request space and time to pump.

The DOL has published Fact Sheet #73 and industry-specific guidance for retail, restaurant, education, transportation, care work, agriculture, and general industries. These resources are invaluable for tailoring your approach to your business type.

Final Thoughts: Compliance Is Good Business

Supporting nursing employees isn’t just about avoiding fines. It’s about creating a workplace culture that values health, family, and equity. When employees feel supported, they’re more likely to stay, perform well, and speak positively about your business.

What are some immediate takeaways business owners like you can apply to their workplaces today? You can:

• Identify a private space in your workplace that can be used for pumping.
• Update your break and accommodation policies.
• Train your team on the PUMP Act and PWFA.
• Review your labor law posters and ensure they’re current.
• Consult legal counsel if you believe your business may qualify for an exemption.

If you’re worried about maintaining compliance for your small business, Vensure can help! Our Lactation Laws Compliance Guide can help businesses navigate and anticipate further compliance changes. Vensure’s Risk & Compliance experts can help you understand other major compliance issues within the workplace. Connect with our team to learn more!