A recent stealth amendment to the FLSA – Fair Labor Standards Act

June 27, 2010 at 10:30 pm | Posted in Employee, Employer, Employment Law, New employment laws/amendments | Leave a comment
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The recent health reform act signed by President Obama, the Patient Protection and Affordable Care Act, affects not only health insurance issues but also impacts a much larger population – employers covered by the Fair Labor Standards Act.  Section 4207 of the Patient Protection and Affordable Care Act is titled Reasonable Break Time for Nursing Mothers and actually amends the Fair Labor Standards Act (“FLSA”).  Employers engaged in interstate commerce of at least $500,000 per year, hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies are all covered by the FLSA.

So, how does this affect you, dear reader?  The FLSA has a new subsection which states:

An employer shall provide:

a reasonable break time for an employee to express breast milk from her nursing child for 1 year after the child’s birth; and

a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

Such breast-feeding breaks are required to be paid breaks in Florida, unless a collective bargaining agreements applies stating otherwise. Paid breaks are not a statutory entitlement in Florida.  Employers with less than 50 employees can be exempt from the new amendment if the requirement to provide such a break would “impose an undue hardship” by causing “significant difficulty or expense” to the employer.

Who knew wage laws could be amended via a health care reform act?

A reader’s review of the above information does not establish an attorney client relationship between the reader and the Sensenig Law Firm, P.A. The above information is not legal advice and should not be relied upon as such.

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