A US Department of Labor (DOL) investigation discovered that a medical center located in Tulsa, Oklahoma, violated a federal law that provides protection for nursing mothers to express milk in the workplace, according to an April 13, 2026, press release.
Investigators from the department’s Wage and Hour Division (WHD) determined that the medical center restricted lactation breaks to specific times and only when staffing allowed. This practice violated the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which permits nursing employees to take breaks as needed to express milk for up to one year after a child’s birth.
Following the investigation, the medical center updated its policies and practices to comply with federal law.
“Healthcare industry employers should be at the forefront of ensuring workplace protections for nursing workers,” said Wage and Hour Division District Director Michael Speer in Oklahoma City. “Setting aside a private, clean space and allowing reasonable break time supports working mothers and helps employers retain skilled staff. The Wage and Hour Division is available to provide compliance assistance to employers with questions about the PUMP Act.”
Compliance Perspective
Issue
Federal law requires employers to provide reasonable break time and appropriate space for nursing employees to express breast milk for up to one year following the birth of a child. These protections apply broadly to employees, regardless of status, and must be implemented in a manner that does not unduly restrict access based on scheduling, staffing, or operational convenience. Employers must also ensure that employees are provided adequate privacy and are properly relieved from duty, or compensated when applicable, in accordance with regulatory requirements.
Discussion Points
- Review, and update if necessary, policies and procedures related to lactation accommodations to ensure compliance with federal requirements. Policies should clearly outline employees’ rights to take break time as needed and specify how appropriate space will be provided. Avoid restrictive language that limits access based on predetermined schedules or staffing levels. Policies should also address privacy requirements, ensuring that employees are shielded from view and free from intrusion, and clarify that accommodations apply to all eligible employees, including part-time and temporary staff. Organizations may benefit from periodic policy reviews conducted in collaboration with experienced compliance professionals to ensure alignment with current regulatory expectations and operational best practices.
- Provide education and training to supervisors, managers, and human resources personnel on lactation accommodation requirements. Training should emphasize employees’ rights, employer obligations, and appropriate responses to accommodation requests. Staff should understand that these protections must be applied consistently and without unnecessary barriers. Training should also address when employees must be fully relieved from duty and when break time may be compensable.
- Conduct routine audits to assess compliance with lactation accommodation requirements, including a review of policies, employee access to break time, and the availability of appropriate space. Audits should evaluate both written procedures and actual practices to identify gaps between policy and implementation. Organizations may consider utilizing internal or external resources to perform focused compliance reviews, including mock surveys or targeted assessments, to proactively identify and address potential deficiencies. Documentation of audit findings and corrective actions should be maintained. Contact Med-Net Healthcare Consulting or info@mednetconcepts.com for more information.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*