Since the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) became fully enforceable in 2023, employers have been navigating federal requirements to provide nursing employees with reasonable break time and a private, non-bathroom space to express breast milk for one year after a child’s birth. Recent decisions indicate that courts are taking violations seriously.
Since employees have had notable early success in court, employers should take a new look at their lactation accommodation practices. The U.S. Department of Labor’s (DOL) guidance and key employer obligations were covered by an earlier Reinhart alert: DOL Issues Guidance to Employers on Implementing the PUMP Act. This alert examines the first wave of PUMP Act litigation and provides recommendations for reducing exposure.
Employees Are Winning Early and Often
Bloomberg Law recently analyzed more than a dozen federal PUMP Act decisions and found that, in nearly half of the cases, employee claims survived dismissal, settled, advanced to trial or resulted in a jury verdict. See Bloomberg Law, Breastfeeding Workers See Early Success in PUMP Act Lawsuits (Aug. 31, 2026). These outcomes are notable, particularly in a field where fewer than 2 percent of employment claims reach a jury.
Recent PUMP Act Decisions
For employers that fail to provide reasonable break times and a private, non-bathroom space for nursing workers, damages can be significant. Employees can sue employers that fail to meet these requirements for lost wages and reinstatement, as well as compensatory, liquidated and punitive damages.
Some recent decisions bear this out:
- A Utah federal court allowed a cashier’s breaktime claim to proceed where she was forced to pump behind the register, visible to customers, because she lacked coverage to take breaks.
- An Oklahoma federal court refused to dismiss a claim where the employer offered an office but told the employee others could walk in and monitored her by security camera while she pumped.
- A Maryland federal court sustained a police officer’s PUMP Act claim where lactation rooms were dirty and moldy, or amounted to a janitor’s closet holding a bucket of toxic compound with no furniture or lock.
The Fair Labor Standards Act’s (FLSA) anti-retaliation provision additionally protects employees who complain about PUMP Act violations. This is another distinct and expensive risk for employers. In February 2026, a Tennessee jury awarded a medical sonographer more than $200,000 after finding she was fired for complaining about PUMP Act violations, even though her separate accommodation claim failed.
Employer Safeguards
To reduce exposure, employers should:
- Designate lactation spaces: Confirm that the space is not a bathroom, is shielded from view, locks and is otherwise secured from intrusion.
- Build in flexibility for non-traditional worksites: Most early cases involve non-office and traditionally male-dominated workspaces. For field, outdoor or mobile work, plan creative solutions in advance so accommodations are ready before an employee asks.
- Train managers and adopt a written policy: Draft a lactation-accommodation policy and train supervisors on how to recognize and respond to requests.
- Respond promptly to complaints: Treat notice of an inadequate space as starting a 10-day clock and document your response. Recent decisions show that delay or inadequate follow-up can undermine an employer’s defense.
- Guard against retaliation: Instruct managers that adverse action against an employee who requests or complains about lactation accommodations is a separate FLSA violation carrying its own substantial damages.
- Check state and local law: Where you operate under laws that provide greater employee protection, comply with the higher standard.
The early PUMP Act cases show that employers should not wait until a request arises to evaluate lactation accommodation practices. By identifying compliant spaces, training managers and responding promptly to concerns, employers can reduce litigation risk and better support nursing employees. If you have questions about how the PUMP Act applies to your workforce, or if you would like assistance reviewing or updating your lactation accommodation policy, please contact attorney Abi Soto or another member of Reinhart’s Labor and Employment Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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