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EMPLOYMENT LAW BULLETIN Vol. 02, No. 02 Courtesy of Eskridge Law, Attorneys at Law California employers are now required by law to meet the needs of their breastfeeding workers. The first lactation accommodation measure in this state went into effect on January 1, 2002. This new law requires all employers, regardless of size, to provide a reasonable amount of break time to an employee desiring to express (pump) breast milk for her infant child. The break time should run concurrently with any break time already provided to the employee, if possible. Break time that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission may be unpaid. If the extra break time would seriously disrupt the employer's operations, the employer may be exempt from providing additional break time. However the criteria for establishing that the extra break time would seriously disrupt the employer's operations has not yet been made available. All employers must make reasonable efforts to provide the employee with the use of a room or other location where the employee can express milk in private. This location should be in close proximity to the employee's work area, and can be her usual workspace if that provides sufficient privacy and meets the other requirements of the statute. The law specifically states that the designated location for expressing breast milk in private cannot be a toilet stall. It is as yet unclear whether only men or also women must be excluded from the designated private location. An employer who violates any provision of this law can be punished by a fine of $100 for each violation. Violations of this statute will not be misdemeanors. Upon inspection or investigation, the Labor Commissioner may issue a citation if it determines that a violation has occurred. As the new law hits the workplace, employers are concerned about a lack of specific guidelines. For instance, it is unclear how often the employee must be permitted to express milk during the workday and whether she can be required to adhere to a schedule. While the Labor Commissioner works out these and other issues, we suggest that employers protect themselves from possible violations as follows: - When an employee asks to express milk at work, make immediate accommodations for her to do so during her existing break time. - If the nursing mother needs additional break time to express milk, ask her to make a specific request in writing that states the additional time needed. - Coordinate a plan with the employee that meets her needs while at the same time causes the least disruption in the work schedule. - Document your efforts to accommodate the employee, and ask her to keep records of additional break time as well. Eskridge Law, Attorneys at Law, may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail (geskridge@ealaw.net). Please visit our web site at ealaw.net or employmentattorneys.net.
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