Court rules pump breaks non-negotiable: Here’s how employers must comply with federal law

Since the passage of the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, many employers have been adjusting policies, spaces, and scheduling norms to comply. The law, which guarantees time and privacy for lactating employees to express milk, is more than a courtesy—it’s a federally protected right grounded in health, equity, and fairness.

Workplaces that accommodate nursing employees don’t just stay compliant; they demonstrate support for mothers’ well-being, child health, and long-term employee retention. However, misunderstanding or ignoring the PUMP Act’s requirements can lead to serious legal and reputational consequences. As recent cases show, courts are not treating these violations lightly.

Whether your organization operates in an office, retail, or service environment, understanding and applying the law’s requirements is essential. The Act leaves little room for flexibility: covered employees are entitled to reasonable break time and private, sanitary spaces to express milk—period. Employers that try to restrict or control those rights risk lawsuits, penalties, and morale damage that could easily have been avoided.

As the PUMP Act approaches its third anniversary, lawsuits tied to PUMP Act compliance are piling up. The federal law, which guarantees new mothers the right to unlimited milk-expression breaks under clean and sanitary conditions, has been hailed as a significant win for mothers and their infants while also criticized for creating another burdensome workplace mandate. But one thing is clear—the bipartisan law is here to stay. Employers large and small ignore its requirements at their peril.

A recent big win for a new mother highlights what happens if employers don’t accommodate pumping and then punish that worker when she takes unauthorized pumping breaks.

Recent case: Madison worked for GAT Airline Ground Support at the Pittsburgh airport as a customer service agent. As one of three CSAs per shift, Madison could man the airline ticket counter, handle gate operations or staff baggage claims, depending on operational needs. Each flight required the gate and ticket counter to be open from two to three hours before a flight and half an hour after.

GAT shared office space near the ticketing area with other airline staff, where employees could take breaks and meals. The airport did have a space designated for nursing mothers located beyond the TSA checkpoint. Getting there required a tram ride plus a five- to seven-minute walk from the ticket counter. Madison and other CSA employees were entitled to one 30-minute break for every four hours worked.

Madison gave birth and returned to the 3 p.m.–10 p.m. shift, covering two flights. Between flights, there was an unpaid break from 5:30 p.m. to 7:15 p.m.

Madison told supervisors her lactation specialist recommended she pump milk every three hours to avoid pain and possible blockages. GAT said she’d have to schedule all pumping breaks during the daily gaps between flights or arrive early to pump. GAT would not allow pumping any other time, claiming additional breaks would cause operational problems and undue hardship. Madison said HR told her she should stay home until she was no longer nursing and that she was only entitled to one hour for pumping.

After Madison contacted the Department of Labor (DOL), GAT began disciplining her. A DOL inspector told GAT that Madison had the right to pump whenever she needed and that the company must provide coverage. When Madison left her station to pump at an “unauthorized” time, GAT fired her. She sued.

Now, a federal judge has ruled that her case can go to trial. The court noted that denying the breaks violated the Fair Labor Standards Act (FLSA) and that firing her might constitute retaliation. A jury will decide whether the denial also amounts to sex discrimination and whether HR’s demeaning comments created a hostile work environment. (Weaver v. GAT, WD PA 2025)

Handling pump requests

The PUMP Act requirements are what’s known as an entitlement statute under federal law. Like the Family and Medical Leave Act (FMLA), employers can’t deny breaks if the employee meets the requirements for coverage. That is, a new mother who is nursing her baby and has returned to work is entitled to pumping breaks whenever she physiologically needs them. Employers can’t schedule them solely at their convenience.

What’s more, the spaces provided for pumping must meet minimum physical and sanitary standards. Refusing to allow breaks or punishing employees who take them violates federal law. Turning down a request—or retaliating against an employee who makes one—can easily lead to litigation.

How to handle pump breaks effectively

Employers who take PUMP Act compliance seriously should train supervisors, set up designated lactation spaces, and document every request to stay within the law:

• Know the space requirements before the first request. The pumping station must be clean, sanitary, private, and not a bathroom. The DOL provides industry-specific guidance, including for sectors like agriculture and retail.

• Do not set an inflexible schedule. Because pumping is based on a physiological need, it cannot be strictly scheduled. Employers should be prepared to provide breaks on short notice, even in settings where doing so is difficult. Supervisors may need to step in temporarily to cover the employee’s duties.

• Do not create a hostile work environment. Supervisors and co-workers must avoid negative comments about nursing or pumping and refrain from using dismissive or demeaning language.

• No retaliation allowed. Employees who request or take pumping breaks must not be criticized or penalized. Time spent pumping should not count against goals or quotas.

• Keep break records. Supervisors should document all pumping requests and confirm that the breaks were provided. Payroll should note which breaks are paid and which are not. If your organization provides short paid breaks, pumping during those periods must also be paid; additional breaks can be unpaid if the employee is fully relieved of duty.

Maintaining accurate documentation and providing flexible scheduling are the cornerstones of PUMP Act compliance—and essential steps for avoiding future claims