Pumping Break Law (Workplace) by State

Federal law requires US employers to give nursing parents time and a private space to pump milk at work. The current rule is Section 7(r) of the Fair Labor Standards Act, expanded by the PUMP for Nursing Mothers Act, which President Biden signed at the end of 2022. The PUMP Act took full effect in April 2023 and closed a big loophole — before it, around 9 million workers (mostly salaried, teachers, nurses, agricultural workers) were excluded. Now nearly every employee in the country is covered for up to one year after their child's birth.

The federal floor is "reasonable break time" and a "place, other than a bathroom, that is shielded from view and free from intrusion." Break time can be unpaid, but if your employer already gives paid breaks, you can use those to pump and still be paid. Small employers with fewer than 50 workers can request an undue-hardship exemption, but it's narrow and they have to prove genuine difficulty, not inconvenience.

Many states stack stronger rules on top — longer coverage windows (up to 2 or 3 years post-birth), paid break time, larger space requirements, anti-retaliation clauses with their own state-level remedies. The PUMP Act gives you a private right to sue, and you can also file a complaint with the Department of Labor's Wage and Hour Division. Retaliation for asking to pump or filing a complaint is illegal in every state. Coverage lasts for one year federally; your state may extend it.