State and federal laws currently prohibit discrimination of an employee based on pregnancy, childbirth, and related medical conditions during pregnancy.  On March 23, 2010, President Obama expanded protections for nursing mothers, when he signed the Patient Protection and Affordable Care Act into law.   One of the provisions of the Act is an amendment to the Fair Labor Standards Act (“FLSA”) that requires covered employers to provide reasonable break time for non-exempt nursing mothers.

Who does the Law Apply to?

Employers with fewer than 50 employees are exempt from this provision if complying would impose an undue hardship. An undue burden is one that causes “the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.”

Employers should note, however, that