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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37651
Experience:  30 years in Employment law
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Iam a breastfeeding mom and I work sometime more than 8

Customer Question

iam a breastfeeding mom and I work sometime more than 8 hours and my employer never gve me extra time to pump milk for my baby I used my lunch time break deductible from working hours to pump milk and I came to know that if your employer has more than 50 employees than they is a law for breastfeeding moms to get time to pump their milk
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.I am Ray and will be the expert helping you tonight.

You are correct the law has changed and you may file a complaint here.

The Patient Protection and Affordable Care Act (“Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010.

Reference

http://www.dol.gov/whd/nursingmothers/

Complain here..

http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

They will investigate and the employer may be sanctioned for each violation.I hope you can get some justice here, they are not complying with the law.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Note they cannot retaliate against you here either..

Section 15(a)(3) of the FLSA states that it is a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.”

Employees are protected regardless of whether the complaint is made orally or in writing. Complaints made to the Wage and Hour Division are protected, and most courts have ruled that internal complaints to an employer are also protected.

Any employee who is “discharged or in any other manner discriminated against” because, for instance, he or she has filed a complaint or cooperated in an investigation, may file a retaliation complaint with the Wage and Hour Division or may file a private cause of action seeking appropriate remedies including, but not limited to, employment, reinstatement, lost wages and an additional equal amount as liquidated damages.