There is a new kind of collective action lawsuit hitting the courts. Employees are suing their employers over inadequate lactation spaces and pump breaks in violation of the PUMP Act.  

If there are two words that run a shiver down the spine of employers, they are “collective action.” In collective action lawsuits, employees can sue their employer on behalf of themselves and those similarly situated. Suddenly, a claim worth pennies can become a million-dollar lawsuit when thousands of employees have a shared claim. 

While FLSA collective action lawsuits have historically been associated with overtime pay and exemption status, we have begun to see cases where employees argue they were not given adequate time to pump and were denied private lactation spaces. 

There are a number of ongoing collective action lawsuits going on right now. Here are two I am watching most closely: 

Fast-Food Chain:

 Employees of a global fast-food chain from Kansas and New York filed a collective action alleging the chain failed to provide sanitary spaces for employees to pump. The employees sued on behalf of all similarly situated employees across more than 10,000  stores in the United States. There is currently a pending motion to dismiss.  

USPS: 

Masseur v. United States Postal Service: Employees alleged they were forced to pump milk in their cramped and windowless mail trucks or break rooms, which were neither sanitary nor private. Plaintiff’s motion for conditional certification is due in June. 

If employers are found liable for having inadequate lactation spaces or pump breaks, damages may be significant. The DOL states: "[A]n employer who violates an employee’s right to reasonable break time and space to pump breast milk will be liable for appropriate legal or equitable remedies under the FLSA. Remedies may include employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages, compensatory damages and make-whole relief, such as economic losses that resulted from violations, and punitive damages where appropriate.” 

Therefore, lactation spaces and lactation break policies should not be glanced over. Ensure spaces and policies follow applicable state law and regulations. This is not an area of the law you want to overlook.