Andrew Gordon, left, and Lauren Swanson, right, of Hinshaw & Culbertson. Courtesy photos The PUMP Act: How Will It Impact Florida Employers?
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.
June 14, 2023 at 10:03 AM
7 minute read
Board of Contributors
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.
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