Congress recently passed the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) expanding the right for millions of workers to break time and a private space to pump breast milk. Before passage of the PUMP Act, only certain workers were legally entitled to reasonable break time and a space to pump breast milk under the Break Time for Nursing Mothers Act of 2010. Millions of workers, including those exempt from overtime pay, were left unprotected by the Break Time for Nursing Mothers Act because the break time language was included in the section of the Fair Labor Standards Act (FLSA) requiring employers to pay overtime compensation. The PUMP Act remedies this exclusion and expands legal break time and private space protections to pump breast milk to most FLSA covered employees, with a few important exceptions. One of those exemptions is an "undue hardship" exemption that applies only to small businesses. As Florida consistently ranks at the top of lists of the largest number of small businesses among states, this exemption will be especially significant to Florida employers.

The PUMP Act requires covered employers to provide nursing workers reasonable break time and a space to pump breast milk for one year following the birth of a child. The U.S. Department of Labor Wage and Hour Division (WHD) advises that workers are entitled to breaks every time they need to pump, and as such, the frequency and length of breaks will depend on each worker and child's specific circumstances. The space cannot be a bathroom due to safety and health concerns. The space must be shielded from view, free from intrusion from coworkers and the public, and functionable as a space for pumping breast milk. The space does not need to be a permanent and dedicated space. However, if it is not, the space must be available when needed. Depending on the number of nursing workers an employer has, an employer may need to provide more than one space. The employer does not need to compensate the worker for break time to pump breast milk so long as the worker is completely relived form work duties during the break. If the worker chooses to work during the break time, the employer needs to compensate the worker. If the employer provides paid break time to its workers, the worker must be permitted to use those paid break times to pump breast milk. Once the worker uses all of her allotted paid break times, the worker can take additional uncompensated breaks to pump breast milk. Off-site or remote workers are eligible to take reasonable break times to pump breast milk on the same basis as onsite workers.