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

The Fair Labor Standards Act (FLSA), specifically section 207(r) (29 U.S.C. § 207(r)), requires employers to provide reasonable break time and a private space for nursing mothers to express breast milk. This requirement applies to all employers subject to the FLSA, regardless of size, but paid break time is only mandated for employers with 50 or more employees.

The requirement covers all mothers who need to express milk during work hours, including those not taking formal maternity leave. The private space must be shielded from view and free from intrusion by coworkers and the public; bathrooms do not satisfy this requirement. The break time must be provided for up to one year after the child's birth, or as long as the mother continues to breastfeed.

Under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), employers cannot discriminate against or retaliate against employees based on pregnancy, childbirth, or related conditions, including lactation. The Pregnant Workers Fairness Act (PWFA) further expanded protections to require reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions, including lactation needs.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII and the PWFA. Violations can result in back pay, front pay, damages for emotional distress, attorney fees, and court orders for policy changes. The Department of Labor Wage and Hour Division enforces the FLSA break time requirement and can assess penalties and wage claims.

Arkansas has not enacted a separate state law addressing nursing mothers' rights beyond federal protections. Arkansas Code Annotated section 11-6-118 establishes the state's Civil Rights Act, which prohibits sex discrimination in employment based on race, color, religion, sex, national origin, age, and disability. Courts have interpreted sex discrimination to include pregnancy-related discrimination and lactation discrimination under state law, but Arkansas has not created an independent statutory right to break time or private space.

Because Arkansas lacks specific state law on this issue, all nursing mothers' protections in Arkansas derive from federal law: the Fair Labor Standards Act (29 U.S.C. § 207(r)) and Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), plus the Pregnant Workers Fairness Act (42 U.S.C. § 5000q), which became effective in June 2023.

Under the FLSA, all private sector employers subject to wage and hour rules must provide reasonable break time and a private, non-bathroom space. For employers with fewer than 50 employees, break time must be provided but does not have to be paid. For employers with 50 or more employees, the breaks must be paid.

Ark. Code Ann. § 11-6-118 provides a parallel civil rights claim for lactation discrimination. An employee who experiences adverse employment action because of pregnancy, childbirth, lactation, or related conditions may pursue a discrimination claim through the Arkansas Commission on Human Rights or in court. State law remedies include compensatory damages, attorney fees, and reinstatement.

Ark. Code Ann. § 11-3-206 provides limited protection for public employees, requiring state and local government employers to reasonably accommodate nursing mothers, but this applies only to government workplaces and does not extend to private employers beyond federal FLSA and Title VII requirements.

The nursing mothers break time requirement does not apply to employers not covered by the Fair Labor Standards Act, including certain small employers, independent contractors, and specific government entities. Employers may deny break time if it creates an undue hardship to business operations, though this defense is narrowly construed and rarely succeeds in practice.

Break time requirements do not apply to self-employed individuals or business owners. Employees classified as independent contractors are not covered, regardless of how much they work. Domestic workers and agricultural workers may fall outside FLSA coverage depending on their specific employment circumstances.

The requirement to provide a private space does not mandate that an employer construct or purchase a dedicated lactation room; an existing private space (office, storage room, designated conference room) is sufficient if it is truly private and not a bathroom. However, employers may not require nursing mothers to use bathrooms or other unhygienic locations.

If an employer can demonstrate that providing break time would impose a substantial increased cost or create substantial operational difficulties, they may seek a limited exception, but this burden is high and generally unsuccessful unless the business is genuinely very small or highly specialized.

Employers are not required to provide break time that exceeds one year postpartum or after the mother stops breastfeeding. However, if an employee requests continued pumping accommodation beyond one year and has a medical reason (such as insufficient milk supply or health condition), an employer may be required to accommodate under the Americans with Disabilities Act (ADA) or the Pregnant Workers Fairness Act (PWFA) if a disability or related condition exists.

Retaliation against an employee for requesting pumping breaks or for pumping at work is prohibited. An employer cannot terminate, demote, reduce hours, or otherwise penalize an employee for exercising lactation rights, and doing so is evidence of unlawful discrimination.

Step 1: Document Everything. Keep detailed records of all requests for break time or space to pump, including dates, times, what you requested, and the employer's response. Save copies of emails, text messages, or written notes. Document how long your breaks were, whether they were paid, and what space was provided. Take photos of the space if it is inadequate (bathroom, open area, unsecured room). Record any comments from supervisors or HR about your pumping. Note any changes in your work schedule, hours, or responsibilities that coincide with your lactation needs. Keep a log of when you pumped, how long the breaks were, and any interruptions or denials.

Step 2: Make an Internal Complaint. Report the violation to your HR department or direct supervisor in writing. Use email so you have documentation. Clearly state that you need reasonable break time and a private space to express milk as required by federal law (29 U.S.C. § 207(r)). Be specific: describe what accommodation you are requesting, how often you need it, and why. Keep copies of the email. If HR does not respond within 5-7 business days, send a follow-up. An internal complaint creates a paper trail and may prompt the employer to correct the violation voluntarily, avoiding litigation. If the employer retaliate after your internal complaint, that retaliation is itself illegal and strengthens any future legal claim.

Step 3: File with the Appropriate Federal Agency. The U.S. Department of Labor Wage and Hour Division enforces the break time requirement under the Fair Labor Standards Act. File online at www.dol.gov/agencies/whd/contact/complaints or call the WHD office serving Arkansas at 1-866-4-USDOL (1-866-487-3865). You can file by phone, online complaint form, or mail. There is no strict filing deadline, but file within 2-3 years of the violation to preserve your right to back pay. The WHD will investigate whether your employer provided reasonable break time and a private space. There is no filing fee.

Alternatively, if you experienced discrimination (e.g., you were fired for pumping or your pumping needs were treated differently than similar accommodations for male employees), file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces Title VII and the Pregnant Workers Fairness Act. File at www.eeoc.gov/charges or call the EEOC's Memphis District Office (which covers Arkansas) at 1-901-544-0115. You have 180 days to file a charge in Arkansas (no state EEOC deferral agency). The charge is free. Include a detailed description of what happened, when it happened, and the names of supervisors or decision-makers involved. The EEOC will issue a Notice of Charge to your employer and conduct an investigation within 60-90 days. If the EEOC finds reasonable cause of discrimination, it will attempt to conciliate. If conciliation fails, you can request a right-to-sue letter and file a private lawsuit in federal court.

Step 4: Understand the Investigation Process. The WHD will contact your employer and request records of break time policies, your work schedule, and evidence of whether you were permitted breaks and provided a private space. This process typically takes 30-60 days. The WHD may conduct interviews with you, your supervisor, and HR staff. You will be asked to describe the specifics of what happened. The employer will have an opportunity to respond. If the WHD finds a violation, the agency will seek voluntary compliance and may pursue back wages (unpaid for break time if the employer withheld pay) plus liquidated damages equal to the unpaid wages. The process is non-adversarial but may result in penalties against your employer.

The EEOC investigation is similar but focuses on discrimination and retaliation. The EEOC investigator will ask for your account of events, relevant documents, and witness names. The employer will be asked to respond. The EEOC will review emails, HR files, and policy documents. The investigation typically takes 60-180 days. If the EEOC finds reasonable cause, you have the right to sue for compensatory damages (medical expenses, emotional distress, lost wages if you left due to the violation), punitive damages (if the employer's conduct was reckless or malicious), back pay, front pay (future lost earnings if you were fired), attorney fees, and court costs. An EEOC right-to-sue letter is required to proceed to court.

Step 5: Consult an Attorney. If the employer refuses to comply after your complaint, retaliated against you, or your case is complex, hire an employment law attorney. A wrongful termination or sex discrimination attorney in Arkansas can review your case, assess damages, and represent you in EEOC proceedings or federal court. Many employment attorneys work on contingency (no upfront fee; they take a percentage of the recovery). During your consultation, bring all documentation, including emails, break time records, and the employer's policies. An attorney can also advise on whether your case has settlement potential. Employment discrimination cases in Arkansas are typically filed in federal court (U.S. District Court for the Eastern or Western District of Arkansas) and are governed by federal law. Attorney fees are recoverable if you win, which incentivizes attorneys to take meritorious cases.