Breastfeeding can provide many important benefits to your child. However, many mothers struggle to balance their work and their nursing needs. Fortunately, state and federal laws protect mothers’ rights to express milk at work. The experienced California workplace discrimination attorneys at Lavi & Ebranhimian, LLP can discuss your legal rights during a free consultation.
Why Hire Lavi & Ebranhimian, LLP for Your Lactation Accommodation Case
If you believe your rights have been violated in the workplace, it’s critical that you hire an experienced lactation accommodation discrimination attorney in California. Our team is known for tough litigators who are unafraid to take cases to trial. We have secured tens of millions of dollars in compensation for our clients whose rights have been violated. A substantial portion of our cases come from referrals from other attorneys—including adversaries—in the Los Angeles area who have seen us in action.
Our elite team of lawyers are members of the California Applicants’ Attorney Association, Los Angeles Trial Lawyers’ Charities, Los Angeles County Bar Association, and Consumer Attorney Association of Los Angeles.
At Lavi & Ebranhimian, LLP, we vigorously protect the rights of employees in California. We have over 20 years of experience handling workplace discrimination claims. When you hire us to handle your claim, we:
- Explain your legal rights and options during a free, no-obligation consultation
- Investigate your case and gather evidence to prove discrimination
- Handle communications with your employer and other parties on your behalf
- Compile information about all the losses you suffered as a result of discrimination or retaliation
- Fight to maximize your financial recovery
We are ready to pursue justice in your workplace discrimination case. Our no-fee guarantee means you will not be responsible for any attorney fees unless we successfully recover compensation on your behalf. Call us today for a free case review.
What Are My Lactation Rights in California?
California law protects nursing mothers’ right to express milk at work and requires employers to provide a reasonable amount of break time each time they do so.
Under state and federal law, your lactation rights include:
- Being provided with additional break time if you need it to express milk
- Having the right to receive pay for your regular break time in line with your employer’s policies
- Being provided with a private and clean space to express breast milk other than a bathroom that is shielded from view and free from intrusion in close proximity to a sink
- Having the space to express milk that has all of the following: a surface to place a breast pump and personal items, a place to sit, a location away from hazardous materials, access to electricity or alternative devices to operate the breast pump, access to a sink with running water, and a refrigerator suitable for storing milk
- Having the right to a private, enclosed, and shaded space if the nursing mother works in an agricultural setting
- Being free of harassment, discrimination, or retaliation for exercising your lactation rights
If your employer fails to respect your lactation rights, it may also be a form of pregnancy discrimination. Understanding your rights during and after pregnancy can help protect you from unfair treatment in the workplace.
Who Does the California Lactation Law Apply To?
The law applies to every employer in the state, including state and political subdivisions. It also applies to general contractors. Subcontractors can request lactation rooms. The law allows for the expression of milk for an infant child but does not define infancy. Smaller employers with fewer than 50 employees may be exempt from some of the responsibilities related to the lactation space if they can show these requirements would impose an undue hardship or cause serious disruption. But, even with this exemption, employers must still make reasonable efforts to provide a lactation space for pumping that is not a toilet stall.
After receiving a request for lactation accommodations, employers are required to provide them within two business days. This request is sufficient to trigger the law. Employers are not permitted to ask for medical documentation to confirm a worker is breastfeeding.
What Are the Consequences If My Employer Violates My Lactation Rights in California?
California law allows employees to report violations of lactation rights and file a wage claim. Employers can be required to pay the employee one hour of pay at their regular rate of pay for each violation. Employees can report violations with the Labor Commissioner’s Bureau of Field Enforcement. If the bureau determines a violation has occurred, it can issue a citation for $100 for each day an employee is denied reasonable break time or adequate space to express their milk.
What Can I Do If I Believe My Employer Has Violated My Lactation Rights?
If your employer has refused you the necessary time to express your milk at work or to provide you with a lactation room as required by law, you can file a formal complaint with any of the following entities:
- California Division of Labor Standards Enforcement
- California Department of Fair Employment and Housing
- The U.S. Department of Labor
Federal law allows you to sue your employer even if you have not filed a workplace discrimination complaint.
Keep all documentation and evidence related to your requests for lactation accommodations. Review your employee handbook for the written lactation policy. If you don’t have a copy of the policy, request it from your employer’s HR department. Put any complaints you have in writing, such as if the lactation space your employer has provided does not meet the legal requirements.
Finally, contact an experienced California lactation accommodation discrimination lawyer who can review your legal options with you and explain how they can help.
Contact a California Lactation Accommodation Discrimination Lawyer for a Confidential Consultation
If you suspect your employer is violating your lactation rights, you must contact an experienced and knowledgeable California lactation accommodation discrimination attorney. A lawyer can take steps to preserve your rights and build your claim. Lavi & Ebranhimian, LLP has handled many workplace discrimination matters and has over 20 years of experience in this highly complex area of law. We will be with you every step of the way, providing dedicated legal assistance and support. Contact us to schedule a free and confidential consultation.