On December 29, 2022, the PUMP for Nursing Mothers Act (PUMP Act) was signed into law, expanding workplace protections for lactating employees under the Fair Labor Standards Act (FLSA). While the original 2010 rule granted break time to hourly workers, the PUMP Act now includes salaried employees and ensures nearly all nursing mothers are entitled to break time and a private place to pump for one year after their child’s birth.
And here’s the kicker. This isn’t just policy on paper. Since April 2023, the Department of Labor has ramped up compliance enforcement, and violations can lead to lawsuits, fines, and PR nightmares.
So how can employers stay on the right side of the law and create a workplace culture that respects and supports nursing parents?
Let’s break it down.
What does the PUMP Act actually require?
Under the Act, employers must provide:
- Reasonable break time each time a worker needs to express breast milk
- A space that is not a bathroom, is shielded from view, and is free from intrusion
- Access to that space for up to one year following the child’s birth
This space must be functional for pumping, meaning a flat surface, seating, outlets for breast pumps, and good ventilation are recommended (though not all are strictly required under federal law).
That’s exactly why PrivacyPod designed our Solo Lactation Pod and XL Family Lactation Pod. Both are ISO 23351-1 Class A certified, compact, and fully integrated for plug-and-play use. They’re not bathrooms. They’re not closets. They’re compliant.
Who must comply with the PUMP Act?
Almost every employer covered by the FLSA, which is nearly all businesses, must comply.
The only exception? Employers with fewer than 50 employees may be exempt if they can demonstrate that providing break time and a lactation space would cause undue hardship. But the Department of Labor is crystal clear here: hardship isn’t just inconvenience. It must be proven against the company’s size, financials, and structure.
And remember, all employees count toward that 50-person total, not just those at one location.
Even small businesses have found it easier to stay compliant by opting for mobile lactation pods, like our modular, pre-assembled PrivacyPod units, which don’t require major renovation or permitting.
What does a compliant lactation space look like?
Per federal law, it must be:
- Private and free from view
- Secure from interruption
- Not a bathroom
- Available whenever the employee needs it
It does not have to be a permanent room, but it must be accessible and functional.
This is where modular solutions like PrivacyPod shine. Our lactation pods come equipped with:
- ISO 23351-1 Class A certification, for approximately 30 dB of speech level reduction
- Built-in power outlets and USB ports
- Ventilation for comfort during longer sessions
- Adjustable LED lighting
- Lockable doors with occupancy indicators
Unlike makeshift setups, these pods are purpose-built for pumping, offering both compliance and comfort.
Does lactation break time have to be paid?
Only if the employee is not completely relieved from duty during the break.
If she’s actively working (like answering emails while pumping), then yes, the time must be paid. If she’s off duty, it doesn’t have to be, unless your workplace already provides paid breaks, in which case pumping time during a break must be paid like any other.
Several state laws go beyond federal guidelines, requiring paid breaks or longer timeframes for lactation accommodations. For example:
- New York extends the right to pump to three years postpartum
- California mandates proximity to workstations and access to a refrigerator
- Colorado extends break time to two years
- Oregon requires “a reasonable rest period” for every pumping need
These state-specific rules are not preempted by federal law. Employers must comply with the rule offering the greatest protection.
What if I don’t have any nursing employees right now?
Technically, the obligation only kicks in when a need arises. But here’s the thing: waiting until that moment can put your company in a bind. Not having a plan, or a suitable space, can lead to non-compliance by default.
It’s best practice to proactively identify or install a compliant solution. This is exactly why PrivacyPod’s lactation booths are designed to blend into any workspace, be moved easily, and activated on-demand.
What happens if I fail to comply?
Let’s not sugarcoat it. Consequences can include:
- Fines and civil penalties
- Private lawsuits from employees
- Claims for lost wages, emotional distress, and even punitive damages
- Public backlash if the complaint goes viral (and they often do)
Noncompliance can damage your brand, impact employee morale, and signal that your company is behind the curve on inclusive, family-friendly policies.
Is there a simple, compliant solution for my office?
Yes, and it’s called PrivacyPod.
Whether you need one lactation station or several, our modular privacy booths are built for compliance, comfort, and convenience. The Solo Lactation Pod offers a compact footprint for smaller spaces, while the XL Family Lactation Pod provides a full, furnished wellness room, with space for a rocking chair, side table, mini fridge, or even a sink.
No permits. No contractors. Just a plug-and-play booth that is ISO 23351-1 Class A certified, ventilated, and ready when your employees need it most.
How do organizations pay for a lactation space?
This is the question that lands right after “do we have to provide one,” and it bites hardest at schools, clinics, and nonprofits working against a fixed budget. A handful of routes come up again and again.
- Public health grants. Federal and state funding tied to maternal and child health is the most common route. The Administration for Children and Families and the Department of Health and Human Services fund programs serving families and communities, and most state departments of public health run their own maternal health initiatives. Programs, amounts, and deadlines change from year to year, so confirm the current notice of funding opportunity before you build a budget around one.
- Your local breastfeeding coalition. Coalitions usually hear about maternal and infant health funding before it reaches a general audience. The United States Breastfeeding Committee maintains a public directory of state and local coalitions, which is the fastest way to find yours.
- Health systems and insurers. Hospitals, health plans, and healthcare networks sponsor lactation spaces as community benefit work. Recognition on or near the pod is often all they ask for in return.
- Corporate sponsorship. A local business looking for a concrete community investment can fund a pod outright, which gives them something more tangible than a logo on a banner.
- Crowdfunding and internal fundraising. A public campaign or an in-house drive can close the gap a grant did not cover, and it doubles as a way to tell your own staff the space is coming.
- Community foundations and service clubs. Local foundations and civic groups often hold small discretionary funds for exactly this kind of project, and their application is usually far shorter than a federal one.
Two practical notes. Funding rarely has to arrive in one piece, and splitting a pod between a grant and community donations is common. And a modular pod is easier to fund than a build-out, because it is one line item with a published price instead of a construction estimate that moves. Every PrivacyPod order ships free, so freight never turns into a surprise line in a budget you have already submitted.
There may also be tax deductions or credits available to organizations that invest in facilities supporting nursing employees. That depends on your entity type and your state, so ask your tax advisor before you count on it either way.
Got more questions? Let’s answer them.
Can I require employees to use a bathroom to pump?
No. Full stop. The law clearly states that a bathroom is not an acceptable lactation space, no matter how clean or private it may be.
Can multiple employees share a single lactation pod?
Yes, as long as the space is available when needed. If scheduling becomes a barrier, additional pods may be necessary. That’s why PrivacyPod offers scalable deployment and bulk discounts.
Do I need to build a new room?
Nope. You can convert an existing space or use a modular solution like PrivacyPod’s booths to meet the legal requirements, without construction.
What if my employee wants to pump more than once per shift?
You must allow her to pump each time she needs to. The law doesn’t set a cap on the number of breaks.
Are employers required to educate staff about lactation policies?
It’s not mandated, but it’s strongly encouraged. Many lawsuits stem from manager ignorance or miscommunication. Clear HR guidelines and training protect everyone involved.
Final Thoughts: Compliance Is Just the Beginning
Providing space and time for nursing employees isn’t just about avoiding fines. It’s about showing your team they matter.
The good news? The solution doesn’t have to be complex or costly.
PrivacyPod offers a full line of lactation pods that check every legal box and then some. With ISO 23351-1 Class A certification, approximately 30 dB of speech level reduction, built-in power and lighting, and easy setup, our booths are the gold standard for supporting breastfeeding employees with dignity.
📞 Have more questions or ready to take the next step?
Reach out to our team at info@privacypod.ai or call us at +1 (877) 774-8763, Mon to Fri, 8am to 5pm CT. Let’s make your office a better place, for everyone.
Because compliance isn’t just the law. It’s good business.
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