The PUMP Act: What Every Employer Needs to Know in 2026

If you manage an office, oversee HR, or are responsible for facilities, the PUMP Act is already your problem — whether you know it or not. Since December 2022, virtually every U.S. employer has been required by federal law to provide a private, dedicated space for nursing employees to express breast milk. And in 2023, the law got teeth: employees can now sue.

This guide explains exactly what the law requires, what it means for your workplace, what the penalties are for non-compliance, and how to fix it — quickly and permanently.

What Is the PUMP Act?

The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act was signed into law in December 2022 as part of the Consolidated Appropriations Act. It amended the Fair Labor Standards Act (FLSA) to close a critical gap: the original 2010 Break Time for Nursing Mothers law only protected hourly workers. Millions of salaried employees — teachers, nurses, managers, executives — were left completely unprotected.

The PUMP Act extended coverage to nearly all FLSA-covered employees, adding protection for approximately 9 million additional workers who were previously excluded, including salaried professionals, healthcare workers, teachers, farmworkers, and more.

What Does the PUMP Act Require?

The law creates two specific obligations for every covered employer:

1. A private space — that is not a bathroom

You must provide a location that is shielded from view and free from intrusion by coworkers and the public. The law is explicit: a bathroom does not qualify. Storage rooms, server rooms, or repurposed closets are also highly unlikely to meet the standard once scrutinized.

While the law does not mandate a permanent dedicated room, the Department of Labor has provided guidance that a functional lactation space should include:

• An electrical outlet for a breast pump
• A chair for seating
• A flat surface such as a desk, table, or shelf
• Proximity to a sink and refrigerator (not legally required, but strongly recommended)
• No security cameras or visibility from doors or windows

2. Reasonable break time — every time

Employers must provide break time each time an employee needs to express breast milk, for up to one year after the child's birth. You cannot require employees to pump only during scheduled breaks or at fixed times. The employee's physical need determines the schedule.

Break time may be unpaid, unless the employee is not completely relieved of duty during that time — in which case it must be compensated.

Who Is Covered?

The PUMP Act covers virtually all employees under the FLSA, regardless of pay structure. This includes:

• Hourly (non-exempt) workers — covered since 2010
• Salaried exempt workers — now covered under the PUMP Act
• Part-time and remote employees when they work on-site
• Workers in healthcare, education, agriculture, retail, and more

The Compliance Gap Most Employers Don't Know About

The law does not require employers to build a permanent, dedicated lactation room. Many HR teams interpret this as "we can use a conference room" or "we'll find a space when someone asks." This creates three serious problems:

• Reactive compliance isn't compliance. A room must be available every time the employee needs it — not just when you remember to clear the conference room.
• Privacy isn't just locked doors. The space must be free from view. Glass-walled rooms, rooms with cameras, or rooms where coworkers can enter do not comply.
• Anonymous access matters. Employees should not need to ask a manager or HR for access each time they need to pump. That process itself can constitute a barrier to protected rights.

Federal Requirements vs. Work& Solution

What Happens If You're Not Compliant?

Since April 2023, employees have had the right to sue employers directly for violations — no prior complaint to the Department of Labor required. The consequences include:

• Back pay for any denied or unpaid pump break time
• Liquidated damages — equal to back pay, effectively doubling the penalty
• Attorney's fees and court costs (often the largest expense)
• Reinstatement or promotion if the employee was retaliated against
• Reputation damage that affects recruiting and retention for years

Before suing, an employee must notify the employer of the compliance failure. The employer then has 10 days to remedy the situation. If no action is taken, the lawsuit proceeds.

State Law: Where Federal Is Just the Starting Point

The PUMP Act does not preempt state laws that provide greater protections. Many states and cities go significantly further than federal requirements:

• California: Spaces must be free of hazardous materials, near a sink, and close to the employee's work area.
• New York: Employers must provide a written policy and designate a specific room.
• Illinois: Requires reasonable break time with pay in some circumstances.
• Many states: Extend the protection period beyond one year post-birth.

HR teams managing employees in multiple states must track each jurisdiction's requirements independently. Failure to comply with state law carries the same legal exposure as federal violations — and sometimes more.

How Work& Makes Compliance Simple

Work& builds, equips, and manages compliant lactation and wellness rooms so that HR doesn't have to think about it again.

The 3-Step Action Plan for HR Teams