![]() Even if you are not covered by the federal law, you may be covered by a state law. If you are covered by the FLSA and eligible for overtime pay, you may have the right to break time and a private space to express milk for your baby while you are at work. Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an under hardship. Some apply to specific types of businesses others apply to specific kinds of work. The FLSA contains some exemptions from these basic standards. The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The Break Time for Nursing Mothers law applies to nonexempt employees covered by the Fair Labor Standards Act (FLSA). /breastfeeding: provides tips, suggestions, and important information and resources for breastfeeding women. Business Case for Breastfeeding: a comprehensive program developed to educate employers about the value of supporting breastfeeding employees in the workplace. ![]() Supporting Nursing Moms at Work: Employer Solutions: online resource to support employers of breastfeeding women at work, searchable by either "industry" sector or "solution" type.Department of Health and Human Services, Office on Women's Health (OWH): FAQs: answers many of the questions about the law.Fact Sheet #73: includes information on general requirements, time and location of breaks, and coverage and compensation requirements under the law.Statutory language: full text of the "Break Time for Nursing Mothers" law.Department of Labor, Wage and Hour Division (WHD): ![]() Many common questions and concerns are addressed in the following sources: You or your employer may have questions about how the Break Time for Nursing Mothers law applies to you. Questions About the Break Time for Nursing Mothers Law (4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection. (3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business. (2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.
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