Search Site
Menu
25 Main Street, Suite 104 | Hackensack, New Jersey 07601
Call For Consultation 551-245-8894
Nursing Mothers Have Rights in the Workplace

Over the years, working women have achieved a number of positive goals in the workplace after many hard-fought battles. Pregnancy is a protected class in New Jersey and women must be given maternity leave. Pregnant women must not be treated in a manner different from other employees and employers cannot ask potential employees about their future family plans.

Women continue to carve out rights in the workplace. Not too long ago, the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act to require that nursing moms be provided reasonable break time for the purpose of expressing breast milk. The break time must be provided for one year after the birth of a child, and it must be provided every time an employee needs to express milk.

Moms will be glad to know that the employer must provide a place that is shielded from public view and that is free from intrusion by other workers and the public. The place provided is not to be a bathroom.

The law does not apply to employers with less than 50 employees if compliance with the nursing break provision imposes undue hardship. A determination of undue hardship centers on an examination of the difficulty or expense of compliance by each employer, taking into account size, nature of the business, finances, and structure of the business.

Experienced New Jersey employment lawyers can help with any workplace discrimination issues you face.

Neil H. Deutsch On G+

Leave a Reply

Your email address will not be published. Required fields are marked *

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the Americans…

AWARDS & AFFILIATIONS
Reviews and Ratings
  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Sole Practitioner

  • lawyers
    4.4/5.0

    No description provided

    Read more

    Partner

See all reviews
Contact us

Quick Contact Form