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Subject:
From:
"Sue Jacoby, IBCLC" <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Mon, 11 Mar 2013 11:23:03 -0400
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text/plain
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Pat said:
"There is a US federal law that if the entity employes over 50 people then a 
suitable place to pump must be available and it may not be a rest room."

I'm just popping in to emphasize that actually, the law says if there are less than 50 employees, the employer must prove that following the requirements would impose an undue hardship.....  

I think it's important that we are clear that the law is for all employers, and it would be UP TO THEM to make the case that they are "special" and should be exempted.  Here in California I heard our Labor Secretary say that in her opinion, that case would need to be pretty darn convincing before she would allow an exemption.  So, let's not help the meme that "50 employees or less means no requirement."

From Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207): 

(3) 	An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.

Sue Jacoby
California

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