Call An Experienced Employment Law Attorney
281-653-8377
Fiddler & Associates, P.C.

Reasonable Break Time for Nursing Mothers

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act, which included an amendment to the Fair Labor Standards Act ("FLSA")--Section 4207--requiring reasonable break time for nursing mothers.  Section 4207 requires an employer to provide:

"(A)  a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk; and

"(B)  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 need not be compensated.  Additionally, this law generally only applies to employers with more than $500,000 in annual gross revenue, and those employers with less than 50 employees are not subject to this law if its requirements would cause an "undue hardship."  What constitutes a "reasonable break time" and an "undue hardship"?   That's what we lawyers will fight about and judges will decide.  Lastly, this law does not preempt state laws that may provide greater protections for employees than those provided by Section 4207.  GSF

  • AV | Preeminent | Peer Rated for Highest Level of Professional Excellence | 2017
  • Houston's Top Lawyers | H | Texas
  • Expertise | Best Employment Lawyers in Houston | 2017
  • NELA | National Employment Lawyers Association
  • Board Certified | Texas Board of Legal Specialization
Email Us For A Response

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Visit Our Office

Fiddler & Associates, P.C.
1004 Congress
3rd Floor
Houston, TX 77002

Phone: 281-653-8377
Fax: 713-228-0078
Houston Law Office Map