Breastfeeding

News & Analysis as of

Philadelphia Requires Reasonable Accommodation of Nursing Mothers

On September 3, Philadelphia made it unlawful for an employer to fail to reasonably accommodate the need to express breast milk, where the accommodation does not impose an undue hardship. ...more

Philadelphia Mayor Signs Legislation to Accommodate Nursing Mothers in the Workplace

Last week Philadelphia Mayor, Michael A. Nutter, signed into law, City of Philadelphia Bill No. 130922 (“the Bill” or “the Ordinance”), a City ordinance which requires employers to reasonably accommodate an employee’s need to...more

Philadelphia Passes Breastfeeding Act

On September 3, Philadelphia Mayor Michael Nutter signed City Council Bill 130992, amending Philadelphia’s Fair Practices Ordinance and making it illegal “for any employer to fail to reasonably accommodate an individual’s...more

Philadelphia Ordinance Provides New Protections for Breastfeeding Mothers

On September 3, 2014, Philadelphia Mayor Michael Nutter signed into law the Breastfeeding Accommodation Bill, No. 130922, as a part of the Philadelphia Fair Practices Ordinance. The new law is effective immediately, and it...more

Mayor Nutter Signs Bill Mandating Employers to Allow Breastfeeding

Yesterday, Philadelphia Mayor Michael Nutter signed a bill requiring employers to provide reasonable accommodation to employees who seek to breastfeed. Bill No. 130922, which was first introduced by City Councilman David Oh...more

Philadelphia Now Requires Workplace Accommodations for Nursing Mothers

Philadelphia now expressly requires both private and public employers to provide workplace accommodations for nursing mothers pursuant to an amendment to the Philadelphia Fair Practices Ordinance signed by Mayor Michael A....more

Employment Law 101: Worksite Lactation Breaks

According to the Patient Protection and Affordable Care Act, all employers with more than 50 employees nationwide are required to comply. Employers with less than 50 employees may not comply if it would be an undue hardship....more

Bill Would Expand Female Employees’ Rights Regarding Breastfeeding In The Workplace

On January 9, 2014, the Senate reintroduced a bill (S218), which would amend the New Jersey Law Against Discrimination to make it a civil rights violation for an employee to be fired or otherwise discriminated against because...more

Express Yourself!

California employers should be aware that Labor Code Sections 1030, et. seq., provide a number of rules about lactation accommodation in the workplace. Specifically, employers are required to provide a reasonable amount of...more

Benefits Update, No. 3, August 2013: "Nursing Mother" Break Requirement Spurs Investigations, Lawsuits

A little-known section of the Patient Protection and Affordable Care Act requires employers covered by the federal Fair Labor Standards Act (FLSA) to allow a worker to take unpaid break time to express breastmilk for her...more

Lactation and Breast-Feeding Are “Pregnancy Related Conditions” Protected Under Title VII

In EEOC v. Houston Funding II, Ltd., the Fifth Circuit issued a landmark decision finding that terminating a female employee because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the...more

World Breastfeeding Week -- Make Sure You Comply With Legal Requirements For Providing Employees With Reasonable Accommodations

August 1-7 marks World Breastfeeding Week. It is well established that breastfeeding is beneficial for both mom and baby. As an employer, ensure you are providing breastfeeding mothers with appropriate resources....more

Breast-Pump Discrimination is Title VII Sex Based Discrimination

Recently, the Fifth Circuit held that discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII....more

Lactation Discrimination Against Nursing Mother Violates Title VII

Last year the United States Equal Employment Opportunity Commission published its strategic enforcement plan in which the agency identified its priorities for the years 2013 to 2016. ...more

New Developments Surrounding Lactation Discrimination

New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws....more

Fifth Circuit Holds Lactation Discrimination Is Unlawful Sex Discrimination

The U.S. Court of Appeals for the Fifth Circuit has unanimously held that discrimination on the basis of lactation or milk expression violates Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended by the...more

Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

Court of Appeals Ruling Overturns District Court's Finding, Permits EEOC's Sex Discrimination Lawsuit Against Houston Funding II LLC to Go Forward - HOUSTON--Overturning a federal trial court's decision from the...more

2013 US Labor and Employment Horizon

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more

Employers Must Give Breast-Feeding Mothers Time And Privacy Under The Affordable Care Act

Under the Affordable Care Act (ObamaCare), an employer is required to provide the following for breast-feeding mothers who are employees...more

February 2013 U.S. Labor and Employment Update

In This Issue: - Supreme Court to Address “Changing Clothes” under the FLSA - First Appellate Court Decision on FLSA’s Nursing Mother Provision - Courts Continue Trend in Favor of Class Waivers in Arbitration...more

Employment Law Newsletter: February 2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

Employment And Labor Insight - Parenting Leave For Minnesota Employers: A Guide To The FMLA And MPLA

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid job-protected leave for specified family and medical reasons within a 12-month period. 29 U.S.C. 2601 et seq....more

USDOL Provides Enforcement Statistics On FLSA Breastmilk-Break Requirement

The U.S. Labor Department recently responded to our July 2012 Freedom of Information Act request for documents relating to its enforcement of the federal Fair Labor Standards Act's Section 7(r)....more

Eleventh Circuit Rules on FLSA “Nursing Mothers” Provision

On December 26, 2012, the Court of Appeals for the Eleventh Circuit issued the first decision by a federal Court of Appeals concerning the provisions of the Fair Labor Standards Act ("FLSA") that require employers to provide...more

Whats A Protected Complaint Under The FLSA’s Anti-Retaliation Provision?

On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more

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