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

The federal Fair Labor Standards Act (FLSA), 29 U.S.C. Section 207(r), requires employers to provide nursing mothers with reasonable unpaid break time and a private space (other than a bathroom) to express breast milk. This requirement applies to non-exempt employees only and covers employers subject to the FLSA. The FLSA's nursing mothers provision extends for one year after the child's birth. However, the FLSA does not require break time to be paid. The U.S. Department of Labor (DOL) enforces the FLSA's nursing break provision. Many states, including Massachusetts, provide stronger protections by requiring paid break time and extending coverage to more employers. Federal law does not preempt state laws that provide greater protections to nursing mothers.

The FLSA applies to most private employers engaged in interstate commerce with at least one employee. Violations can result in civil penalties and individual wage claims. The private space requirement under federal law excludes bathrooms and must be a space where the employee is not visible to coworkers or the public. Employers covered by the FLSA must maintain compliance or face wage and hour enforcement actions by the DOL.

Massachusetts provides significantly stronger protections for nursing mothers than federal law. Massachusetts General Laws Chapter 149, Section 24S requires employers with six or more employees to provide reasonable paid break time for nursing mothers to express breast milk. The state law requires break time to be compensated at the employee's regular rate, unlike the FLSA's unpaid requirement. Massachusetts General Laws Chapter 149, Section 24T mandates that employers provide a private, non-bathroom space that is shielded from view and not accessible to coworkers or the public.

Massachusetts law covers all employers with six or more employees, a lower threshold than the FLSA's coverage of larger interstate employers. The law applies to both exempt and non-exempt employees, providing broader coverage than federal law. The nursing mothers' right extends through the child's first year of life. Massachusetts law explicitly protects against retaliation, stating that employers cannot discriminate against, threaten, or otherwise retaliate against an employee for asserting rights under these sections.

Under Massachusetts law, an employee may file a complaint with the Massachusetts Attorney General or pursue a private right of action in court. Remedies available include unpaid wages, liquidated damages equal to the wages owed, attorney's fees, and costs. The state also provides for civil penalties imposed by the Attorney General. Massachusetts law is substantially stronger than federal law because it requires paid break time, covers smaller employers, applies to all employees regardless of exemption status, and provides explicit anti-retaliation language with robust remedies.

Massachusetts law applies only to employers with six or more employees, so very small employers (five or fewer) are not covered by the state requirement, though they may still be subject to federal FLSA requirements if they meet FLSA coverage thresholds.

The right to break time is not absolute and must be reasonable. Employers are not required to provide break time if doing so would impose an undue hardship on the business, though courts interpret undue hardship narrowly. Employers in settings where providing private space is genuinely impossible due to operational constraints may face liability, but the law strongly discourages bathroom-only solutions.

If an employee chooses not to use the provided break time or space, the employer's obligation is satisfied as long as the option is available. However, an employer cannot discourage or effectively prevent an employee from using the right to pump. Providing inadequate space, unreliable break time, or creating pressure against nursing is not a valid exception and constitutes a violation.

Union employees covered by a collective bargaining agreement may have different or more favorable terms negotiated in their contract, which would supersede the statutory minimum. However, the collective bargaining agreement cannot provide less protection than Massachusetts law.

Employees in certain occupational settings may face practical challenges, but Massachusetts law does not create categorical exceptions. For example, healthcare workers, emergency responders, or retail workers cannot be denied the right to nursing break time and space based on job category alone.

Step 1: Document everything from the beginning. Keep a written log with dates, times, and descriptions of each time you request break time or space to pump. Record what your employer says in response, whether breaks are denied or delayed, and note the conditions of any space provided (bathroom use, visibility, temperature, cleanliness). Save emails, text messages, and any written policies from your employer. Photograph the space provided, if relevant. Write down the names and titles of any supervisors or managers involved in denials or discouragement.

Step 2: Follow your employer's internal complaint process, if one exists. Review your employee handbook or HR policies for procedures to report discrimination or violations of employee rights. Submit a written complaint to your HR department or supervisor clearly stating that you need break time and private space to pump under Massachusetts law, citing Chapter 149, Section 24S and 24T. Request a written response and confirmation that the right will be honored. Keep a copy of your complaint and any response. Even if you do not believe the internal process will be effective, completing this step creates a documented record and gives the employer a chance to cure the violation.

Step 3: File a complaint with the Massachusetts Attorney General's Office. Visit the Attorney General's website at mass.gov/ago and navigate to the wage and hour division. You can submit a written complaint online or by mail. Alternatively, file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) if you believe the violation relates to discrimination based on sex or pregnancy, though the EEOC's jurisdiction over nursing rights is more limited. For wage-based claims (unpaid break time), the Attorney General is the preferred state agency. File within three years of the violation to preserve your right to sue. Include all documentation: your log, emails, policies, internal complaints, and a narrative description of the violations. Provide your contact information, employer details, and names of witnesses.

Step 4: The investigation process typically takes 30 to 90 days, though complex cases may take longer. The Attorney General's office will contact your employer for a response and may request additional documentation from both you and the company. You may be asked for an interview or sworn statement. Your employer will have an opportunity to explain their position. The investigator will assess whether the employer violated Massachusetts law by denying paid break time, failing to provide private space, or retaliating against you. If the Attorney General finds a violation, they may negotiate a settlement requiring the employer to pay back wages, provide compliant space and break time, and cease violations. If negotiations fail, the Attorney General may file a civil action. You may also pursue your own private lawsuit if the state investigation is slow or insufficient.

Step 5: Consult an employment attorney if your employer retaliates, if the violation is substantial (significant lost break time or wages), or if internal remedies fail. Retaliation might include schedule changes, negative performance reviews, discipline, or termination following your complaint. An employment attorney can advise whether you have a retaliation claim, evaluate damages, and represent you in settlement negotiations or court. Look for an attorney licensed in Massachusetts with experience in wage and hour law or employment discrimination. Many offer free initial consultations. If you cannot afford an attorney, contact the Boston Bar Association's Lawyer Referral Service or local legal aid organizations.