Since the federal PUMP Act went into effect in mid-2023, employers with more than 15 employees are required to provide nursing mothers with a private space to express milk at work. ASE has covered this requirement previously, but we are now receiving questions from employers whose employees work offsite, such as on construction projects or farms, where traditional facilities are not available. How can these employers comply with the PUMP Act when new mothers must work outdoors or in locations without enclosed private spaces?

First, the Fair Labor Standards Act which was amended with the PUMP Act states employers must provide a place to express other than a bathroom and that is shielded from view and free from intrusions from co-workers and the public. Whether indoors or outdoors, this space must be functional and contain a space for the nursing mother to sit and a flat service other than the floor to place the pump while expressing.

The DOL Wage and Hour Division as well as the Job Accommodation Network (JAN) offer a number of helpful suggestions to accommodate mothers working in an environment or facility that does not have the space prescribed by the law.

Some suggestions include:

• Pop-up Tents – Single person tents that zip up for privacy and provide ventilation.
• Vehicles – They suggest the cab of large agricultural or construction vehicle that can provide privacy when the windows are covered.
• Portable lactation stations have been converted from other uses.
• Temporary structures such as mobile trailers or a part of the mobile trailer that is screened off as a private space.
• Shared space with other businesses. This is suggested for employees that travel such as sales employees or taxi, truck, or bus drivers. It is suggested the employer can identify businesses their people visit that are willing to share the space at their facility. They may already have this space designated for such if they too must comply with the law.

It is recommended that businesses that want to use outdoor or mobile spaces look at the location of the temporary site. Ensure it has running water to wash hands and the breast pump parts. If no easy water is available, the employer should allow the women extra break time to get to a source of water.

The size of the space provided should be large enough to accommodate a chair and a flat surface for the breast pump and supplies. Be sure amenities such as a chair and small table are available.  And of course, privacy to express must be provided along with access to electricity to support electric breast pump equipment. It should also be kept in mind that weather conditions for outdoors will come into play, and employers should make necessary arrangements during months where more extreme weather conditions are probable.

Lastly, storage of milk is important, but per the law it is acceptable that the mother can keep their milk fresh in a small cooler with ice packs in the event refrigeration is not available.

The Equal Employment Opportunity Commission (EEOC) is pursuing employers that do not provide suitable facilities pursuant to the law for nursing mothers. Employers are advised to not only have a policy addressing this but to educate managers about compliance, so they don’t create a situation where the employer faces a non-compliance complaint. Recently one employer was found liable when one of its managers failed to provide time and a place to express. EEOC v. Security Assurance Management Inc. #1:25-cv-00181 USDC for DC.

Employers with workers that are new mothers and that work outside or do not have proper milk express spaces available should check out the U.S. Department of Health and Human Services website, the FLSA WHD site, or the Job Accommodation Network (JAN).

Source: askjan.org