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Thread: Help! No place to pump at work - violation of law

  1. #1
    Join Date
    Aug 2009
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    New York
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    Default Help! No place to pump at work - violation of law

    I am posting this for a friend. I know this topic has been posted before.... but we could use some guidance.

    My friend with a 8 mo has no place to pump at work. They gave her a "designated" space, but people walk in on her. She complained and they told her to pump in the bathroom!! I suggested meeting with HR to discuss the matter. Depending who she talks to in HR, they just don't care!

    I suggested to her to show them the New York state laws (N.Y. Labor Law § 206-c (2007)) as follows. Besides getting a lawyer involved, does any one else have any other suggestions? They seem to not understand that they are in violateion of a LAW!

    Thank you in advanced for any thoughts you may provide!

    -----------------

    § 206-c. Right of nursing mothers to express breast milk. An employer
    shall provide reasonable unpaid break time or permit an employee to use
    paid break time or meal time each day to allow an employee to express
    breast milk for her nursing child for up to three years following child
    birth. The employer shall make reasonable efforts to provide a room or
    other location, in close proximity to the work area, where an employee
    can express milk in privacy. No employer shall discriminate in any way
    against an employee who chooses to express breast milk in the work
    place.
    Last edited by @llli*lavenda319; October 20th, 2012 at 05:29 PM.
    First baby Thanos Liam born on 12/20/2009... we are and since birth and still going strong!!

  2. #2
    Join Date
    Oct 2012
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    Default Re: Help! No place to pump at work - violation of law

    It's not just New York state law - it's now federal law. The Affordable Care Act also stipulates that nursing women be given a private, NON-BATHROOM space to pump, as well as the time to pump.

  3. #3
    Join Date
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    Default Re: Help! No place to pump at work - violation of law

    I'd talk to HR again about that "designated" space. Or maybe I wouldn't- I would just bring a lock for the door, and figure it was better to ask forgiveness than permission.
    Coolest thing my big girl said recently: "How can you tell the world is moving when you are standing on it?"
    Coolest thing my little girl sang recently: "I love dat one-two pupples!"

  4. #4
    Join Date
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    Default Re: Help! No place to pump at work - violation of law

    What about putting a sign on the door?
    The law does not cover all types of employees anyway. If you are paid salary and exempt from OT, the law does not protect you.
    I
    Proud mom of 2:
    DD 5/2008 nursed for 3 years and 3 months.
    DS born 8/2011 nursing like a champ

    Sorry for the short responses...always, always, always NAK or holding a baby

  5. #5
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    Default Re: Help! No place to pump at work - violation of law

    Quote Originally Posted by @llli*babygirl05 View Post
    What about putting a sign on the door?
    The law does not cover all types of employees anyway. If you are paid salary and exempt from OT, the law does not protect you.
    I
    Tell me more on this with examples
    Mommy to Maxwell 10-9-07 weaned with love (a party and a remote control monster truck) on his 4th birthday
    My Boy 3-16-10
    And my sweet pea Sam 2-12-11

    Watch Your Language

  6. #6
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    Default Re: Help! No place to pump at work - violation of law

    Isn't it true that companies with fewer than 50 employees are exempt from the Federal law?
    Coolest thing my big girl said recently: "How can you tell the world is moving when you are standing on it?"
    Coolest thing my little girl sang recently: "I love dat one-two pupples!"

  7. #7
    Join Date
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    Default Re: Help! No place to pump at work - violation of law

    Federal labor law classifies workers as "exempt" and "nonexempt." Exempt workers aren't covered by various regulations. I think, loosely, if you're paid hourly and get legal guarantees about break time per shift, you are non-exempt and covered by the pumping law. If you are a white-collar salaried worker, you probably aren't covered.

  8. #8
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    Default Re: Help! No place to pump at work - violation of law

    Yes I know the difference between exempt and non exempt workers, I just was unaware that exempt workers were not covered and wanted to read the specifics she referred to. CA, the state I live in has protected nursing and pumping through 12 months since 1998 so I never have to worry about what the
    Mommy to Maxwell 10-9-07 weaned with love (a party and a remote control monster truck) on his 4th birthday
    My Boy 3-16-10
    And my sweet pea Sam 2-12-11

    Watch Your Language

  9. #9
    Join Date
    Oct 2012
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    Default Re: Help! No place to pump at work - violation of law

    Here are three helpful links: http://www.dol.gov/whd/regs/complian...m#.UIMAa4VNIyw
    http://http://www.dol.gov/whd/nursingmothers/Sec7rFLSA_btnm.htm#.UIMAyIVNIyw
    http://http://www.dol.gov/wecanhelp/howtofilecomplaint.htm - this last one is for lodging complaints and gives a phone number to call for help, as well as a website address

    Companies with less than 50 employees are "exempt if compliance with the provision would impose an undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employer’s business. All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply."
    There are indeed exempt and non-exempt workers.

  10. #10
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    Default Re: Help! No place to pump at work - violation of law

    Right but less than 50 exempts employers from many federal mandates, I was wondering if a company which is required to follow the BF law, is then only required to follow it when it comes to their non exempt workers which is what babygirl05 seems to suggest.
    Mommy to Maxwell 10-9-07 weaned with love (a party and a remote control monster truck) on his 4th birthday
    My Boy 3-16-10
    And my sweet pea Sam 2-12-11

    Watch Your Language

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