Retaliation For Complaining About Conditions to Pump Milk

By Thomas McKinney

The Patient Protection and Affordable Care Act amended the Fair Labor Standards Act to require employers to allow employees to express milk, or as referred to by most people as pumping milk.  The PPACA does not provide a private cause of action that would allow an employee to file a lawsuit.  However, an employee who suffers retaliation as a result of complaining about the lack of breast milk pumping facilities or about the employers’ refusal to provide break time to pump milk, you may have a cause of action pursuant to the anti-retaliation provisions of the FLSA.

If your employer has retaliated against you as a result of you complaining about the lack of facilities to pump milk or refusal to allow break time to pump milk, please contact us to discuss.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.