DOL Cites Employer in Florida for Violation of Federal Workplace Lactation Law; Failed to Provide Private Place
On September 18th, 2023, the United States Department of Labor (DOL) cited a resort and spa in Florida for its failure to comply with federal workplace lactation requirements. The company did not provide a private area for the mother of a newborn to express milk for her child. In this article, you will find an overview of the enforcement action taken by the DOL and the federal workplace lactation law more broadly.
DOL Enforcement Action: Florida Employer Cited and Fined for Lactation Violations
The DOL has taken enforcement action against Aimbridge Employee Service Corp—a company that operates Hammock Beach Golf Resort and Spa in Palm Coast, Florida—for its failure to comply with federal lactation requirements. According to the findings from the DOL, the employer breached laws designed to support employees needing to pump breast milk for their babies.
The DOL notes that the Florida employer resort initially failed to provide any lactation space for the new mother. After a four month delay, she was given a space that did not have privacy. Beyond that, the DOL the employee’s supervisor failed to properly give her time to express milk for her infant. The employer was sanctioned and fined for this issue and other federal labor violations.
Understanding the PUMP Act (Two Key Rights for Nursing Mothers)
The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) was signed into law by President Joe Biden in December of 2022. The federal legislation created new lactation-related requirements that have now become part of the Fair Labor Standards Act (FLSA). Under the PUMP Act, most employees who are currently nursing have the following two rights:
- The Right to a Reasonable Break to Express Milk: Every breastfeeding mother knows the physical discomfort and potential health complications that can arise from not being able to express milk when needed. The PUMP Act enforces that employers provide reasonable break times for mothers to express milk. All employers that are covered by the law should be sure to give their workers sufficient break time.
- The Right to a Private Place for Lactation: New mothers who are lactating have a reasonable expectation of privacy. The PUMP Act makes this part of the FLSA. Employers covered by the law are now obligated to provide a space that is shielded from view and free from intrusion. The private space helps to ensure that mothers can express milk in a clean and comfortable environment. It should be noted that the private space cannot be a bathroom. A non-bathroom private space must be provided to a nursing mother.
Get Help From Our Florida Employment Lawyer Today
Employers in Florida must comply with both state and federal labor regulations, including the laws that protect the rights of mothers. If you were subject to any form of unlawful discrimination in the workplace, please do not hesitate to contact a Florida employment lawyer for help.
