Nursing Mothers Rights at Work in Arizona: Pumping & Lactation Laws

The Fair Labor Standards Act (FLSA), specifically 29 U.S.C. section 207(r), requires that employers provide reasonable break time for employees to express breast milk for nursing children for up to one year after the child's birth. The law applies to all employers covered by the FLSA—generally those with 50 or more employees in commerce, though many states extend coverage to smaller employers.

The FLSA requires employers to provide a private space other than a bathroom that is shielded from view and free from intrusion where employees can express milk. This space may be temporary or used for multiple purposes. Employers are not required to pay employees for break time used to express milk, though they must allow the breaks during working hours.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the nursing mothers provision. Employers cannot discriminate against or retaliate against employees for using break time to express milk. If an employer fails to provide required break time and space, the Department of Labor can pursue enforcement, and employees may file complaints with the EEOC.

Arizona Revised Statutes section 23-353 provides explicit state-level protection for nursing mothers that largely mirrors federal FLSA requirements but may extend to employers with fewer than 50 employees depending on Arizona wage and hour coverage thresholds. Under Arizona law, employers must provide reasonable break time during the workday for nursing mothers to express breast milk and must provide a private space other than a bathroom where employees can express milk.

Arizona's law applies to all employers covered under Arizona's minimum wage and wage and hour statutes, which may include employers with as few as 15 employees under certain discrimination law coverage (Arizona Civil Rights Act). The state law explicitly recognizes the right to express milk and does not allow employers to require that the break time be paid, consistent with federal law.

A key distinction is that Arizona state enforcement through the Arizona Civil Rights Division may provide an additional forum for complaints beyond the federal EEOC. Arizona employees can file state discrimination complaints with the Arizona Civil Rights Division simultaneously with or instead of federal EEOC charges. Arizona's statute does not preempt federal rights; rather, it provides parallel protections and remedies.

Unlike some states that offer paid break time for milk expression, Arizona permits unpaid breaks. However, if an employer already provides other paid breaks, an employee may be entitled to use paid break time for milk expression depending on the employer's break policies. Arizona does not establish a specific number of breaks required per shift, instead requiring only that break time be "reasonable."

Arizona law does not apply to employers with very few employees; those below Arizona's minimum wage law threshold (typically micro-businesses with no employees in commerce) are not covered. However, most employers with any employees in Arizona are covered. Employers are not required to provide paid break time under Arizona state law, though federal law also permits unpaid breaks. If break time causes undue operational hardship, employers may argue that different timing or scheduling should be used, though they cannot deny break time entirely.

Exceptions to coverage include independent contractors and certain categories of workers not classified as employees. Some unionized workplaces may have collective bargaining agreements that provide additional protections or different break schedules, and those contractual terms would control to the extent they are more favorable.

Employers may deny break time only if it is truly impossible or would create substantial operational disruption—this is a high bar and is rarely accepted as a valid defense. Employers are not required to reimburse for the cost of breast pumps or supplies, though some choose to do so. The requirement for a private space does not mean a dedicated room; it can be a private office, lactation room, or other enclosed space used temporarily, but a bathroom stall does not satisfy the requirement.

If an employee requests no break time or declines to use breaks, the employer's obligation is satisfied, but employers cannot discourage or prevent employees from using break time.

Step 1 – Document Everything: Keep detailed records of every instance you request break time or a private space and what response you receive. Write down the date, time, who you spoke with, what you requested, what was said, and whether your request was granted or denied. Take screenshots of relevant emails or messages. Note how frequently you need break time and how long each expression session takes. If you were denied access to a private space or told to use a bathroom, document this explicitly and describe the circumstances. Keep copies of any employer policies, employee handbooks, or communications about break time.

Step 2 – File Internal Complaint: Request a meeting with your direct supervisor or human resources department. Provide written notice (email is fine) stating that you need reasonable break time and a private space to express milk as required by Arizona Revised Statutes § 23-353 and federal law. Be specific: describe what break time you need each day and what space would work for you. Explain that the law requires the employer to accommodate this. Keep a copy of this written request. Give the employer a reasonable opportunity to respond (5-10 business days). Document their response in writing. Many violations are resolved at this stage if the employer was unaware of the legal requirement.

Step 3 – File a State or Federal Complaint: If the employer does not provide reasonable break time and space, you have two options that can be pursued simultaneously. File a charge with the Arizona Civil Rights Division (ACRD), the state agency that enforces Arizona employment law. Visit azag.gov/civil-rights or call the ACRD at (602) 542-5263. You must file within 180 days of the violation (this deadline is important—do not delay). You will need to provide: your name and contact information, employer name and contact information, description of the violation (dates, what happened, what was denied), names of any witnesses, and what remedy you seek (typically back pay if you missed work, damages, or attorney's fees).

Alternatively or in addition, file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). Because Arizona is a "deferral state," you should file with the ACRD first (giving it 60 days to investigate), and the EEOC will receive notice. You can file directly with the EEOC at eeoc.gov or by calling the Phoenix EEOC office at (602) 640-5000. The federal deadline is also 180 days from the violation. Include the same information: dates, what was denied, employer details, and witnesses.

Step 4 – Expect Investigation: Once you file a charge, the ACRD and/or EEOC will contact the employer and request a written response to your allegations. This typically occurs within 2-4 weeks. The employer will likely deny the violation or explain their position. The agency may interview you and the employer and review documentation you provide. The investigation typically takes 60-180 days. You may be asked to provide your documentation (emails, policy violations, witnesses' contact information). The agency will determine whether there is reasonable cause to believe a violation occurred. If reasonable cause is found, the agency may attempt conciliation (settlement) or, in some cases, issue a right-to-sue letter if conciliation fails.

Step 5 – Consult an Attorney: Contact an employment law attorney (specializing in discrimination or wage and hour law) before filing or immediately after filing a charge if your employer retaliates against you, denies the charge outright, or offers a low settlement. An attorney can help you understand your rights, strengthen your charge, and pursue additional claims (such as retaliation if the employer punishes you for requesting breaks). Many employment attorneys work on a contingency basis (no upfront fee; they take a percentage of the recovery) or can provide a free initial consultation. If you win your case, you may recover compensatory damages, attorney's fees, and costs.