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Reasonable Break Time for Nursing Mothers

January 6, 2011

US Department of Labor

ACTION: Request for Information from the public.

SUMMARY: This notice is a request for information from the public regarding the recent amendment to the Fair Labor Standards Act (FLSA) that requires employers to provide reasonable break time and a place for nursing mothers to express breast milk for one year after their child’s birth. The Department of Labor (‘‘the Department’’) administers and enforces the FLSA through its Wage and Hour Division. Contained in this notice are the Department’s preliminary interpretations of the new break time amendment to the FLSA. The Department seeks information and comments for its review on various issues addressed in this notice, as it considers how best to help employers and employees understand the requirements of the break time for nursing mothers law.

“Relationship to State Laws.  The Federal law does not preempt ‘a State law that provides greater protections to employees than the protections provided for under [the Federal law].’’’ 29 U.S.C. 207(r)(4)

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