New York Department of Labor Issues Model Policy on Expressing Breastmilk in the Workplace

September 1, 2023

In May we reported on the impending implementation of a new law in New York State aimed at protecting the rights of nursing mothers to express breastmilk in the workplace. The law took effect on June 7.

More recently, the New York State Department of Labor (DOL) issued a model policy, as required by law, outlining the rights of working mothers and the responsibilities of employers as it relates to expressing breast milk at work.

It is advisable for all business owners in New York to review and familiarize themselves with this model policy even if you do not currently have any employees in need of expressing milk during the workday. It is best to be prepared to meet any directives from the state on the front end, rather than facing potentially costly fines and other penalties on the back end.

In addition to the updated New York State law, in 2023 the federal government passed the PUMP Act. Per the Federal DOL website, under the PUMP Act, any covered workers not provided with breaks and adequate space for up to a year after the birth of a child are able to file a complaint with the U.S. Department of Labor or file a lawsuit against their employers.

As always, our team of employment attorneys are here to assist if you have any questions regarding the new law.

Chanel T. McCarthy has more than ten years of experience assisting clients with their business needs - from lease agreements and contract negotiations to operations and employment matters. Chanel has a wide range of experience in corporate law including with issues related to the hospitality industry. Chanel brings a wealth of experience in the areas of trust and estate administration and litigation, and other matters before the Surrogate’s Court. She can be reached at 716-854-4300 ext. 254 or [email protected].