a. Summary. 29 U.S.C. § 207(r) requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk.
b. Coverage. Enterprise with minimum two employees with at least $500,000 of gross revenues, or being engaged in the activity of a public agency or in healthcare or school operation. 29 U.S.C. § 203(s)(1) (2006). Individual employees engaging in interstate commerce. 29 C.F.R. § 776.0a (2011).
c. Exemption. Only employees who are not exempt from Section 7 of FLSA, which includes the FLSA’s overtime pay requirements, are entitled to take lactation breaks.
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JoAnn M. Hart is an attorney with Boardman & Clark LLP. She counsels and represents private and public sector employers on a wide variety of employment law issues under local, state and federal laws, including Family and Medical Leave laws, disability laws, wage and hour laws, and laws prohibiting discrimination in employment, and regularly presents to a variety of audiences on these legal issues. Ms. Hart has appeared before local, state and federal agencies that enforce these laws, including the Equal Employment Opportunity Commission, the Department of Labor, state commissions, administrative law judges and arbitrators.
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JoAnn M. Hart
Boardman & Clark LLP
- Attorney with Boardman & Clark LLP
- Counsels and represents private and public sector employers on a wide variety of employment law issues under local, state and federal laws, including Family and Medical Leave laws, disability laws, wage and hour laws, and laws prohibiting discrimination in employment, and regularly presents to a variety of audiences on these legal issues
- Has appeared before local, state and federal agencies that enforce these laws, including the Equal Employment Opportunity Commission, the Department of Labor, state commissions, administrative law judges and arbitrators
- Listed in The Best Lawyers in America in Labor and Employment Law and Education Law from 2007 through the present
- J.D. degree, cum laude, University of Wisconsin Law School; Bachelor of Music degree in vocal music education and vocal performance, with honors, Alverno College
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