Dive Brief:
- A U.S. Department of Labor Wage and Hour Division investigation found Tulsa, Oklahoma-based Hillcrest Medical Center violated the Providing Urgent Maternal Protections for Nursing Mothers Act, the agency announced in a Monday news release.
- According to DOL, Hillcrest limited pumping workers to express milk during only specific times and only if there was sufficient staffing.
- Hillcrest updated its policies and practices to comply with the law following the investigation, DOL said. The medical center affirmed in a statement to HR Dive that it had made changes.
Dive Insight:
The PUMP Act was passed in late 2022 alongside the Pregnant Workers Fairness Act as part of the Consolidated Appropriations Act, expanding the rights of pregnant and breastfeeding workers.
While the latter is enforced by the U.S. Equal Employment Opportunity Commission, the former amended the Fair Labor Standards Act, placing it under the purview of DOL.
The PUMP Act requires most employers to provide reasonable break time for employees to express breast milk for up to one year following a child’s birth. The space must not be a bathroom as well as be shielded from view and be free from intrusion by co-workers or the public. Employers with fewer than 50 employees may not be subject to the law if abiding by it would present an undue hardship.
Since the law went into effect in April 2023, employers have allegedly run afoul of it in multiple ways, from reducing workers’ hours to avoid pumping breaks to failing to provide a sanitary place to pump. In November 2023, a DOL investigator clarified that the law applies even to workers who are exempt from FLSA’s minimum wage and overtime protections.
Going above and beyond the law’s requirements — by providing lactation rooms that are easily accessible, comfortable and calm; allow easy sanitization of pump parts; and provide air conditioning and Wi-Fi, along with other efforts — can help signal to working mothers that they are welcome and their needs are understood in the workplace.
“Hillcrest Medical Center is committed to supporting all team members, including nursing mothers,” Hillcrest said in a statement sent to HR Dive. “We have taken steps to strengthen our policies and oversight, and we remain focused on meeting the needs of our workforce.”