May 17, 2023

US DOL Publishes PUMP Act Field Assistance Bulletin

On May 17th, the U.S. Department of Labor’s Wage and Hour Division published a 9-page Field Assistance Bulletin (FAB) regarding nursing employees’ rights under the FLSA, as amended by the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act). The rights apply to most nursing employees and require covered employers to provide:

  1. a reasonable break time to express milk;
  2. and a place, other than a bathroom, that is shielded from view and free from intrusion to express breast milk while at work; and
  3. for up to one year after the child’s birth.

The FAB supplements the WHD’s previously issued materials, including Fact Sheet #73, FAQ’s, and the presentation, “Pump at Work Protections under the Fair Labor Standards Act presentation.”

So what’s new? Some highlights of the PUMP Act and this FAB include:

  • the rights described above now apply to exempt as well as non-exempt employees;
  •  the exemption for “small” employers applies to those with fewer than 50 employees total, not by worksite; and
  • the exemption is not automatic, a small employer must show undue hardship.


Compliance Tips. The enforcement provisions of the PUMP Act took effect April 28th. Use the link above to review the 9-page FAB and ensure your current policies and practices comply.  While you are at it, ensure you have posted the DOL’s new FLSA poster that was updated in April!