Returning to work after having a baby isn’t easy. When your employer refuses to give you the time or space you need to pump, it’s even harder. California and federal laws provide you with the right to lactation breaks; yet, some workplaces still fail to comply with these basic requirements. You might be told there’s no private room available or be pressured to skip breaks. Some employees are punished for speaking up. These actions are unfair and illegal.
Since 2007, Moon Law Group, PC, has focused solely on employee rights in Los Angeles and across California. We’ve helped workers recover millions of dollars for workplace violations, including claims related to breastfeeding and lactation. As one of the largest plaintiff’s employment law firms in California, we are prepared to hold employers accountable for violating the law and failing to treat their workers with respect.
If your workplace makes it difficult or impossible to pump at work, contact Moon Law Group today to speak with a Los Angeles lactation and breastfeeding lawyer. Your consultation is free and confidential, and you pay nothing unless we successfully resolve your case.
How Can a Los Angeles Lactation and Breastfeeding Lawyer Help with My Case?
When employers deny your requests for lactation breaks or retaliate against you, legal support can make a critical difference. Moon Law Group can review your situation to determine whether your employer violated California breastfeeding laws or federal protections.
Our attorneys can assist you in locating and compiling documentation, as well as filing formal complaints. If necessary, we’ll represent you in negotiations or court. Whether you’re facing these issues alone or as part of a larger group, our lawyers have the experience and resources to support you.
Moon Law Group handles both individual cases and class actions. We stand up to employers who refuse to comply with lactation laws, and we’re ready to help you. Reach out to us today to speak with a Los Angeles lactation and breastfeeding attorney.
For a free legal consultation with a lactation and breastfeeding lawyer serving Los Angeles, call 213-232-3128
What Are the Federal and California Laws on Breastfeeding at Work?
There are several key laws that protect lactating workers:
Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
The PUMP Act expanded the federal Fair Labor Standards Act (FLSA) to give most employees the right to take reasonable breaks for expressing breast milk. Employers must also provide a private, non-bathroom space for pumping at work, available for up to one year after childbirth. These protections apply to a wide range of workers but still fall short of California’s more expansive requirements.
California Labor Code §§ 1030–1033
California law provides stronger protections than federal law. Employers must provide break time and a private space for employees to pump breast milk. It cannot be a bathroom. The private space must be shielded from view, free from intrusion, and conveniently located near the employee’s work area. California also imposes penalties on employers who fail to comply with these requirements.
Pregnancy Discrimination Act (PDA)
The PDA is a federal law that prohibits discrimination based on pregnancy, childbirth, or related conditions. If your employer takes adverse action because you asserted your right to lactation breaks, that may be unlawful discrimination under the PDA.
California Fair Employment and Housing Act (FEHA)
FEHA provides broad anti-discrimination protections in the workplace, including for pregnancy and breastfeeding. Employers in California are obligated to make reasonable accommodations for lactation needs. This is part of the employer’s obligation to prevent discrimination on the basis of sex, gender, or pregnancy.
If you’re unsure which laws apply to your job, a Los Angeles lactation and breastfeeding lawyer at Moon Law Group can help you understand your protections and options.
Los Angeles Lactation And Breastfeeding Lawyer Near Me 213-232-3128
Can I Sue My Employer for Denying Breaks or Firing Me for Lactation and Breastfeeding?
Yes, you may be able to sue your employer if they deny lactation breaks, refuse to accommodate your breastfeeding needs, or retaliate against you for asserting your rights. These actions can violate multiple state and federal laws.
Depending on the situation, your legal claims might include the following:
- Discrimination
- Retaliation
- Wrongful termination
- Wage and hour violations
Moon Law Group can determine which laws apply to your situation and whether the facts support legal action. Our firm regularly pursues claims in both California and federal courts, and we’re known for helping workers secure the legal protections to which they’re entitled.
Our lawyers handle both individual lawsuits and large-scale claims involving multiple workers who have been affected. If your employer violated your rights, you don’t have to deal with the fallout on your own. Moon Law Group can assist companies that fail to fulfill their legal obligations.
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Are There Legal Exceptions to Breastfeeding at Work?
While both California and federal laws protect breastfeeding workers, there are occasional exceptions. Some small employers with fewer than 50 employees may try to claim an “undue hardship” exemption under federal law. Undue hardship means that providing lactation breaks or a private space would create significant difficulty or expense. However, this exemption is hard to justify, and employers are often unsuccessful when making this claim.
California law sets a higher standard and offers fewer exceptions. Employers in the state have a stronger obligation to accommodate lactation needs. Furthermore, they can’t rely on cost concerns, convenience, or general workplace disruptions as valid reasons to deny you break time or a suitable space to pump. It’s much harder to legally deny lactation breaks under California law than under federal law.
If your employer refused to comply and claimed an exemption, Moon Law Group can evaluate whether that denial meets legal standards or violates your rights. The firm regularly reviews these defenses and challenges them when they fail to meet the law’s requirements.
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What Damages Could I Recover for My Employer Not Allowing Me Lactation and Breastfeeding Breaks?
If your employer denied you your rights under California or federal law, you may be entitled to compensation. The type of compensation depends on multiple factors, including whether they refused your right to pump at work, failed to provide a private space, or retaliated against you for requesting appropriate accommodation.
Potential compensation includes the following:
- Lost wages and benefits if you were terminated, demoted, or forced to quit
- Emotional distress damages for discrimination or retaliation, under laws like the California Fair Employment and Housing Act (FEHA) and the Pregnancy Discrimination Act (PDA)
- Civil penalties under California Labor Code §1033 for employers who fail to comply with lactation accommodation requirements
- Attorneys’ fees and court costs if your case is successful
- Injunctive relief or reinstatement in certain cases, especially when broader policy changes are needed
Some claims involve both financial and non-financial harm. For example, a worker may be reinstated with back pay and also receive compensation for the emotional distress caused by being denied basic rights at work.
To understand what your claim may be worth, you need experienced legal guidance. Contact us to speak with a Los Angeles lactation and breastfeeding attorney at Moon Law Group. Our firm can assess your options. If you’re eligible, we can help you pursue full and fair compensation and the accountability you deserve.
How Long Do I Have to File a Claim for Being Denied Lactation and Breastfeeding Breaks at Work?
Time limits for filing claims related to denied lactation or breastfeeding breaks vary, depending on which laws apply to your case. Missing a deadline could mean losing the chance to hold your employer accountable.
The following are some common time limits:
- FEHA claims must be filed with California’s Civil Rights Department (CRD) within three years of the violation.
- Federal claims under the Fair Labor Standards Act (FLSA) or the PUMP Act typically have a two-year statute of limitations, or a three-year statute of limitations if the violation was found to be
- California Labor Code violations, including those related to failure to provide proper lactation accommodations, often must be filed within one to four years if you are seeking civil penalties.
It’s essential to act promptly and secure the services of an experienced attorney as soon as possible. Early legal advice can also help preserve critical evidence, including time records, internal emails, or witness accounts, that may otherwise be lost. The longer you wait, the harder it is to prove your case.
Moon Law Group can explain which deadlines apply to your situation and file your claim on time.
What if I’m Not the Only One at My Workplace Who’s Being Denied Lactation and Breastfeeding Breaks?
If other people at your workplace were denied lactation or breastfeeding breaks, this may be a broader, systemic issue. Some employers fail to provide any lactation space. They may ignore required break time across entire departments or enforce policies that violate state and federal laws.
When workplace violations affect a group, you may be able to pursue a class action lawsuit. This type of legal action can be more powerful than an individual claim. They allow multiple workers to come forward and hold the employer accountable together. It also increases the potential impact of the case, making it more likely that the employer will take corrective action.
Moon Law Group regularly represents workers in collective and class actions involving widespread labor violations. With a long track record of successful group litigation, our firm has the resources and experience to take on large employers.
Contact a Los Angeles Lactation and Breastfeeding Attorney Today
California breastfeeding laws and federal protections are clear: You have the right to pump at work in a private, safe space, free from interruption or punishment. Contact Moon Law Group today to speak with a Los Angeles lactation and breastfeeding lawyer about your options and how to move forward. Your case review is free and confidential.
Call or text 213-232-3128 or complete a Free Case Evaluation form
