Woodland Hills Lactation & Breastfeeding Attorneys

Protecting the Rights of Working Mothers in the Workplace

At the Law Office of Payab & Associates, we understand how intimidating and overwhelming it can be to return to work after the birth of a new baby. Childbirth is a magical but exhausting time for many families, and transitioning back into the swing of their professional lives can be even more challenging. As a working mother, it’s crucial to understand your employee rights and exercise them accordingly. 

While California has various legal protections in place to protect against discrimination based on sex, gender, pregnancy, and pregnancy-related conditions, this doesn’t prevent some employers from acting unjustly. Protecting your right to lactation breaks and other accommodations in the workplace is essential to safeguard your health and economic security. That’s where our lactation rights attorneys come in. 

Our seasoned lawyers have over two decades of experience protecting the rights of working moms in Woodland Hills and beyond. With hundreds of millions of dollars recovered for wronged employees, you can trust our highly skilled advocates to represent your best interests while pursuing the favorable outcome you deserve. If you’ve experienced breastfeeding discrimination on the job, we can fight tirelessly to hold your employer accountable for their unlawful actions.

If your employer violated your right to lactation breaks as a working mother, we can aggressively protect your rights. Call (818) 918-5522 to schedule a consultation.

Legal Protections for Breastfeeding Employees

As a working mother, you have the right to take lactation breaks without being discriminated against based on sex, gender, pregnancy, and pregnancy-related conditions. Nonetheless, working moms who return to the office after having a baby can face a myriad of unjust obstacles. After giving birth to a new baby, it’s imperative to exercise your rights accordingly in the workplace to safeguard your well-being and financial security. 

Fortunately, California has various legal protections in place for breastfeeding and lactation in the workplace. What rights do working women have to breastfeeding breaks on the job? Can an employer fire a female employee for taking lactation breaks? 

Here are some important laws protecting the right to breastfeed in the workplace: 

• California Labor Code §1030: Under this law, every California employer must provide “a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child.” 
• Pregnancy Discrimination Act: This federal law amended Title VII of the Civil Rights Act to include discrimination based on pregnancy, childbirth, and medical conditions related to pregnancy or childbirth.
• Fair Labor Standards Act (FLSA): This law gives employees the right to take lactation breaks to express milk for up to 1 year after childbirth. However, the FLSA does not apply to employers with fewer than 50 employees.
• California Fair Employment and Housing Act (FEHA): California Assembly Bill 2386 amended the definition of “sex” under the California Fair Employment and Housing Act (FEHA). The updated version now extends to 1.) pregnancy or medical conditions relating to pregnancy, 2.) childbirth or medical conditions relating to childbirth, and 3.) breastfeeding or medical conditions related to breastfeeding.

Legal Exceptions to Breastfeeding Protections

Yes. Despite the legal protections in place for breastfeeding mothers, keep in mind there are important exceptions to watch out for. While California law permits employees to take reasonable lactation breaks during the workday, it does not cover lactation breaks in certain circumstances. Some exceptions include:  

• Lactation breaks that constitute a serious disruption or undue hardship in the workplace; and
• Lactation breaks for non-infant children or a child that is not the employee’s.

Workplace Accommodations for Breastfeeding Employees

Under state and federal law, California employers are prohibited from discriminating against female employees on the basis of sex and pregnancy. Breastfeeding employees have the right to take lactation breaks during the workday under certain conditions. 

Below are some critical elements to keep in mind regarding your right to breastfeed in the workplace: 

Access to a Private Lactation Area

Employers are required by law to accommodate breastfeeding employees with a private lactation area that isn’t a bathroom or toilet stall. The designated area must be safe, clean, and free of hazardous materials. Additionally, the lactation area must have access to: 

• Electricity
• A place to sit
• A sink with running water
• A refrigerator or cooler for storing breast milk

Duration of Lactation Breaks

Under the law, breastfeeding employees are permitted to take lactation breaks for a “reasonable” duration of time. According to federal regulations, this typically amounts to 15-20 minutes. However, certain criteria may justify longer lactation breaks, such as the proximity of the lactation area to the employee’s workspace, whether or not there is a wait to use the private area, and the speed and effectiveness of the pump used. 

When Can Employees Breastfeed at Work? 

When possible, employees should lactate during regular meal or rest breaks. However, if this isn’t possible, the employer is still obligated to accommodate the breastfeeding employee. 

Are Lactation Breaks Paid? 

There are no laws that require employers to provide paid lactation breaks to breastfeeding employees.

Do I Need a Breastfeeding Discrimination Attorney?

A 2023 report by the U.S. Bureau of Labor Statistics revealed that 71% of mothers with children at home are working moms. While working women make up almost half of the U.S. labor force today, it’s no secret that female professionals have a much harder time returning to pre-childbirth employment standards and earnings.

For working women, the societal pressures of raising children without losing their footing in successful careers is a true challenge. From the unchanging gender pay gap to the infamous “motherhood penalty” that penalizes working moms while rewarding working dads, it’s more important than ever for hardworking women to know their rights and hold employers accountable for unlawful actions.

Working with a trusted lactation rights lawyer is vital to defend against unlawful consequences, such as: 

• Demotion
• Unpaid wages
• Employer retaliation 
• Wrongful termination 

If you suspect your employer violated your breastfeeding and lactating rights in the workplace, seeking sound counsel from a qualified attorney is crucial. It’s imperative to safeguard your employee rights and job security by securing experienced representation from a breastfeeding discrimination lawyer, as they can apply their extensive knowledge of California employment law to aggressively protect your rights on the job. 

What to Do if You Experience Breastfeeding Discrimination

If your right to breastfeeding accommodations or lactation breaks were violated by your employer, it’s important to take swift legal action to safeguard your rights and financial security. Here are four steps to take after experiencing discrimination, harassment, or retaliation as a breastfeeding employee: 

1. Document everything. Make sure to document your experience by taking detailed notes. Be sure to provide dates and timestamps whenever possible and collect any relevant evidence to support your claim, such as emails, texts, or reports. It may also be helpful to communicate with any coworkers or personnel who witnessed the discrimination, harassment, or retaliation occur. 
2. Report the incident. If you feel safe to do so, it’s important to report the incident to an appropriate authority, such as your supervisor, human resources department, personnel office, or union representative. If your employer or union has a grievance procedure, this can also be an effective step to take.   
3. File a formal complaint. After reporting the incident to your Human Resources (HR) department or appropriate authorities, be sure to retain a copy of the formal complaint for your records. 
4. Secure representation from a qualified employment lawyer. For more than two decades, our skilled attorneys have advocated for the rights of employees. If you’ve been discriminated against, we can provide compassionate, personalized assistance and thorough preparation on your behalf. 

Our Woodland Hills attorneys take the time to truly understand the unique details of your case and pursue a fair settlement on your behalf, whether that means filing a claim with the Civil Rights Department or pursuing litigation if necessary. 

Why Hire the Law Office of Payab & Associates? 

Our Woodland Hills lawyers have a longstanding reputation for safeguarding the rights of wronged workers throughout the Golden State. With a proven track record of results and over 26 years representing hardworking Californians, you can trust our highly skilled advocates to zealously protect your rights. 

Our firm is well-versed in the legal nuances of employment law to pursue a favorable outcome on your behalf. No matter the type or size of your claim, our compassionate attorneys are here to guide your legal steps with wisdom, care, and integrity. When you contact the Law Office of Payab & Associates, we can help with: 

• Filing your claim with the appropriate court
• Fortifying your case with compelling evidence 
• Negotiating effectively with employers and insurance companies
• Providing reliable representation backed by 26+ years of experience

Let our firm fight to protect your rights with your employer. Contact us online to discuss your case!