Compliance Alert: How to Avoid PUMP Act Lawsuits with Mobile Lactation Pods
Lawsuits from breastfeeding employees are on the rise—and employers are feeling the heat.
Since the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act went into effect in April 2023, every employer across the United States must provide private, sanitary lactation accommodations during work hours. And yet, according to the U.S. Department of Labor, countless workers are still being forced to pump in bathrooms, storage closets, or even cars.
This is more than just a compliance issue—it’s a matter of workplace dignity, productivity, and in many cases, legal risk.
Employers Take Note: Lawsuits Are Already Happening
Multiple legal claims have surfaced in 2023 alone from employees alleging their employers failed to provide suitable break times or spaces for expressing breastmilk. These suits cite violations under the PUMP Act, which expands previous FLSA protections to cover nearly all employees, including salaried workers who were previously excluded.
And here's the key: failure to comply now means civil penalties, lawsuits, and reputational damage.
According to the U.S. Department of Labor’s Wage and Hour Division, employers must offer:
- Reasonable breaks whenever a worker needs to pump
- A private space that is not a bathroom
- A room that is free from view and intrusion
That may sound simple, but in practice, most workplaces fall short—especially those relying on makeshift solutions.
What Happens When Employers Don’t Comply?
Let’s be blunt—ignoring the law has serious consequences.
When lactating employees are forced to pump in unsanitary or public spaces, the risks go beyond lawsuits. They include:
- Engorgement and risk of mastitis, a painful infection
- Reduced milk production, leading to early weaning
- Heightened levels of anxiety, guilt, and postpartum depression
- A steep decline in employee retention and morale
Studies published in Maternal and Child Health Journal show that women without access to a private, functional lactation space are 2–3x more likely to stop breastfeeding earlier than intended—and more likely to quit their jobs within the first year postpartum.
That’s why modern HR leaders are shifting away from retrofitting underused spaces and turning to mobile, modular solutions like the Solo Lactation Pod and XL Lactation Pod from PrivacyPod.
PrivacyPod: Designed to Protect You and Your Team
Let’s talk solutions.
At PrivacyPod, we’ve engineered our lactation pods to do more than just “tick the compliance box.” These are private, comfortable, fully enclosed pods designed for real-world workspaces—no construction required.
With certified 30 dB soundproofing, dimmable LED lighting, integrated power and USB outlets, ventilation systems, and lockable doors, these pods give nursing mothers the environment they deserve.
And for offices needing more space or shared accommodations? The XL Lactation Pod offers extra room for a rocking chair, side table, mini-fridge, or even a portable sink—turning it into a complete wellness suite.
Even better? All PrivacyPod units are modular, plug-and-play, and movable. You can reposition them as your team grows, or if your floor plan shifts—without ever needing to tear down a wall or request a permit.
A Legal & Cultural Wake-Up Call
What makes this October especially important? The Department of Labor’s 2023 memo made it clear: “reasonableness” is not up for negotiation. Workers must be allowed to pump each time they need to, without delay or resistance.
That means HR teams must:
- Have dedicated lactation policies in place
- Know their state-level obligations in addition to federal law
- Provide real, physical spaces that meet the criteria—not bathrooms
- Educate managers to support and not obstruct pumping breaks
And that’s exactly why PrivacyPod exists. Our soundproof lactation booths provide instant compliance while sending a clear message to your workforce: we care about you.
What Sets PrivacyPod Apart?
While some companies offer pop-up tents or retrofitted janitor closets as their “solution,” our pods are purpose-built for privacy, hygiene, and productivity.
With PrivacyPod, you're getting:
- Studio-grade acoustic performance
- Anti-bacterial, hospital-grade surfaces
- Adjustable LED lighting for a calming environment
- Ultra-quiet air circulation for long pumping sessions
- Moveable wheels and dampening feet to eliminate vibration
- And yes—ADA-accessible options to support every employee
Need more than one? We offer bulk discounts, free nationwide shipping, and a 3-year warranty on every unit.
Questions You Should Be Asking (and We’ll Answer)
Is one pod enough for my team?
According to NIH data, employers should provide around 1 lactation space per 100 female employees, with six spaces recommended for 1,000 female workers. But the truth is, even two working mothers in one location can conflict over time slots. Scalable solutions like PrivacyPod’s units allow you to grow as needed—no remodeling necessary.
Do I need to provide a lactation space if my employee works remotely?
No, the federal PUMP Act only applies to employees when they are physically onsite. But that said, supporting remote or hybrid moms with stipends or on-demand pods can boost morale, loyalty, and DEI scores.
Are mobile pods legal under the PUMP Act?
Yes, absolutely—as long as the pod is private, not a bathroom, and free from intrusion. That’s why our Solo Lactation Pod and XL version are built with insulated glass, lockable doors, and signage to mark occupancy—everything required for legal compliance and peace of mind.
What happens if I don’t comply?
You risk fines, civil penalties, and lawsuits. But even beyond that, you risk losing talent. Over 80% of mothers return to work postpartum—but 30% of them leave within a year if they feel unsupported. The cost of replacing one employee? Up to 33% of their salary.
Investing in a pod that costs under $15k could save you 5x that in lost productivity and turnover.
It's Time to Do Better Than “Good Enough”
Workplace accommodations aren’t just about minimum compliance anymore. They’re about culture. Compassion. Retention. Reputation.
By installing PrivacyPod’s modular lactation solutions, you’re not only avoiding lawsuits under the PUMP Act—you’re building a brand that women want to work for.
So, let’s say goodbye to makeshift spaces. Let’s retire the “bathroom breaks” and corner cubicles. It’s time for mobile, modern, wellness-first solutions that tell your employees: we see you, and we’ve got you.
📞 Let’s Talk Compliance and Care
Get in touch with our team at info@privacypod.ai or call +1 (715) 600-6301 for a personalized lactation accommodation proposal.
Or explore our full range of lactation pods here.
Because doing the right thing for your team should be easy—and with PrivacyPod, it is.
