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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience:  Practing General Attorney,
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I am a breastfeeding mom and am being discriminated against

Resolved Question:

I am a breastfeeding mom and am being discriminated against at work for pumping. I am wondering if there are any laws protecting my right to pump and to be provided with an acceptable location for doing so.
Submitted: 6 years ago.
Category: Legal
Expert:  Daniel Solutions replied 6 years ago.
President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590, on March 23rd and the Reconciliation Act of 2010, H.R. 4872, on March 30, 2010. (See the combined full text of Public Laws 111-148 and 111-152 here.) Among many provisions, Section 4207 of the law amends the Fair Labor Standards Act of 1938 (29 U.S.Code 207) to require an employer 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 milk. The employer is not required to compensate an employee receiving reasonable break time for any work time spent for such purpose. The employer must also provide a place, other than a bathroom, for the employee to express breast milk. If these requirements impose undue hardship, an employer that employs less than 50 employees is not subject to these requirements. Furthermore, these requirements shall not preempt a state law that provides greater protections to employees.
2009 Wis. Laws, Act 148 provides that a mother may breastfeed her child in any public or private location where the mother and child are otherwise authorized to be. The law specifies that in such a location, no person may prohibit a mother from breastfeeding her child, direct a mother to move to a different location to breastfeed her child, direct a mother to cover her child or breast while breastfeeding, or otherwise
restrict a mother from breastfeeding her child. (2009 AB 57)
Customer: replied 6 years ago.
There are less than 50 employees at this location but it is a cooperate restaurant chain. Do the laws still apply?
Expert:  Daniel Solutions replied 6 years ago.
Unfortunately since there are less than 50 employees then the law does not apply. Sorry.
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