Questionable Accommodations Allow Nursing Mothers Claim to Advance

Arizona Employment Law Letter
Employment & Labor Law

Although Arizona isn’t one of the many states with its own laws about lactation breaks, the Fair Labor Standards Act (FLSA) is a federal law that requires Arizona employers to abide by certain requirements if one of their nonexempt employees is lactating. For up to one year after an employee gives birth, her employer is required to provide her with reasonable break time and a suitable space any time she needs to express milk.

Although employers don’t have to create a permanent lactation space, they must “provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.” Employers should be careful about how they apply the FLSA’s open-ended requirements, especially in light of its sparse interpretation by courts, to avoid being held liable for lost wages, damages, and claims of retaliation.

 

Read more from Jodi Bohr about questionable accommodations for nursing mothers.