thanks for sharing magicbelly!
this is where the rubber hits the road, people! :-) This link takes you to a page with a 7 page, 3 column, 8? pt font .pdf. Its got a lot of information on it and it looks to me like the Department of Labor is off on the right track. Below are the things they explicitly ask for feedback on. They provide a lot of information for employers to help them help moms that I intend to comment on to make it even better than it is currently.
excerpts from the .pdf:
II. Key Issues on Which Public Comment Is Requested...
a. Unpaid Break Time...
b. Reasonable Break Time...
...The Department would appreciate comments that address the conditions under which
spaces such as manager’s offices, storage spaces, utility closets, and other such
spaces normally used for other purposes could be considered adequate spaces for
use by nursing mothers under the statute. In addition, the Department
solicits comments on the kinds of shared space arrangements that would
be acceptable under the law. Similarly, the Department would
appreciate comments that address how employers can provide adequate break
time and space for nursing employees who are not in a fixed place during a
work shift (e.g., bus drivers, mail or parcel delivery workers, law
enforcement officers, emergency medical technicians, etc.). In general,
the Department would appreciate comments that describe creative
solutions to providing break time and space for nursing mothers so that we
can share these examples more broadly.
...
The Department would appreciate comments and recommendations as to how employers
can meet their obligations under the law to provide break time and space for
nursing mother employees who are working at other sites.
d. Notice
...
e. Undue Hardship Exemption
...
The Department solicits comments about how best to address
notice issues consistent with the language and purpose of the law,
bearing in mind that the employer must provide the break time and lactation
space ‘‘each time such employee has need to express the milk.’’ 29 U.S.C.
207(r)(1)(A).
...
The break time for nursing mothers statutory provision provides an undue
hardship exemption that is only available for employers with fewer than
50 employees that meet certain conditions, as further described below....
...The Department solicits comments as to the appropriate point at which to count the
number of employees for purposes of determining whether the employer may
assert an undue hardship defense. The Department is considering whether the
number of employees should be counted in the workweek in which the employee
notifies the employer that she intends to take breaks to express milk, in the first
workweek the employee intends to utilize the breaks and the space to
express milk at work, or at some other point. Further, the Department believes
that an employer that has previously claimed the undue hardship exemption
will no longer be eligible for the exemption if the number of employees
employed by the employer rises to 50 or more at the point determined above.
The Department solicits comments on this interpretation as well.
...
The Department solicits comments on whether this undue hardship standard,
which is very similar to the undue hardship standard in the Americans
With Disabilities Act, 42 U.S.C. 12111(10) (‘‘significant difficulty or
expense’’ when considered in light of factors such as financial resources, size,
type of operation and workforce structure), should be interpreted in the
same way the undue hardship defense has been interpreted under that law.
f. Relationship to the Family Medical Leave Act
...
g. Enforcement
...
i. Additional Resources
...
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