California law ensures that lactating employees can express breast milk in a safe, private, and supportive environment. It is crucial for employees to understand these rights and know how to spot pregnancy discrimination in the workplace.
Legal Rights to Lactation Breaks and Accommodations
Under California Labor Code sections 1030–1034, employers are required to provide:
Reasonable Break Time
Employers must offer a reasonable amount of break time for employees to express breast milk, which should coincide with existing paid breaks if possible. If additional time is needed beyond the regular breaks, it may be unpaid.
Private Lactation Space
Employers must provide a private space, other than a bathroom, that is:
- Shielded from view and free from intrusion.
- In close proximity to the employee’s work area.
- Safe, clean, and free from hazardous materials.
- Equipped with a place to sit, a surface to place a breast pump and personal items, access to electricity or alternative devices (such as extension cords or charging stations), a sink with running water, and a refrigerator or other cooling device suitable for storing milk.
These requirements apply to most employers in California. However, employers with fewer than 50 employees may be exempt if they can demonstrate that compliance would impose an undue hardship when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
Common Violations of Lactation Rights
Despite clear legal mandates, some employers fail to comply, leading to violations such as:
- Failing to provide a private, non-bathroom space for lactation.
- Not offering reasonable break time for expressing milk.
- Retaliating against employees who request lactation accommodations, including demotions or terminations.
- Creating a hostile work environment around breastfeeding or lactation.
If your employer does not provide adequate break time or a suitable space for lactation, you may file a wage claim to recover one hour of premium pay at your regular rate of pay for each violation.
What Can I Do if My Employer Violates My Lactation Rights?
If your employer refuses to provide proper lactation accommodations, you can take the following steps:
- Document Everything: Keep detailed records of your requests, your employer’s responses, and any issues you face. Include dates, times, and names of supervisors or HR representatives you spoke with.
- File a Complaint with the California Labor Commissioner: You can report violations directly to the Division of Labor Standards Enforcement (DLSE). They investigate complaints and may impose penalties on non-compliant employers.
- Pursue Premium Pay: California law allows you to recover one additional hour of pay at your regular rate for each day your employer fails to provide a compliant lactation space or reasonable break time.
- File a Retaliation Claim: If your employer punishes you for requesting accommodations—such as cutting your hours, demoting you, or firing you—you can file a separate claim for retaliation.
- Consult an Employment Attorney: If you experience ongoing noncompliance, harassment, or retaliation, an employment lawyer in LA County can advise you on whether to pursue a legal claim for damages.
How a Pregnancy Discrimination Attorney in LA Can Help
If you believe your lactation rights have been violated, consulting an experienced discrimination attorney can be crucial. A lawyer can:
- Evaluate your situation and determine if your rights have been infringed upon.
- Assist in documenting violations and gathering necessary evidence.
- Guide you through the process of filing a complaint with the appropriate state or federal agency.
- Represent you in negotiations or legal proceedings to seek remedies such as compensation or policy changes.
They will help ensure your rights are protected and that you receive the accommodations and respect you deserve in the workplace.
Contact YMS LLP Today
If you’re facing challenges with lactation accommodations at work, don’t hesitate to contact us. We offer free consultations to discuss your situation and explore your legal options with our knowledgeable Los Angeles pregnancy discrimination attorney. Call (310) 499-0140 or message us online today.