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As of June 19, 2024, New York employers must provide up to 30 minutes of paid break time for employees to express breast milk at work, pursuant to New York Labor Law Section 206-c.

The New York State Department of Labor released an instructive FAQ that, in part, stipulates the following:

  • This law applies to all public and private employers in New York, regardless of the size or nature of their business.
  • Employers must provide all employees with paid break time to pump breast milk at work.
  • Employees may take up to 30 minutes of paid break time daily to pump breast milk at work for up to three years following the birth of a child.
  • Employers may not take time away from meal periods or regular paid breaks to cover this time.
  • Employers cannot require employees to stay beyond their regularly scheduled work hours because they took breaks during the workday for breast milk expression.
  • The room or location provided to express breast milk cannot be a restroom or toilet stall.
  • Employers must accommodate employee(s) whenever they reasonably need a break to express breast milk. The number of break times needed throughout the day may be unique to each individual employee.
  • Employers may not discriminate or retaliate in any way against an employee who chooses to pump breast milk in the workplace, or who files a complaint under this law.

New York employers must provide written notification of these rights to all employees at the time of hire, in each subsequent year of employment, and upon their return to work following the birth of a child. Employers must inform employees of these rights by providing a copy of the New York State Department of Labor Policy on Breast Milk Expression in the Workplace.

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Photo of Kristine Feher Kristine Feher

Kristine J. Feher is an experienced employment litigator and trial attorney, whose practice focuses on representing employers and managers in employment discrimination and wrongful discharge cases arising under employment laws. In addition, she litigates wage payment and overtime compensation claims (including class actions)…

Kristine J. Feher is an experienced employment litigator and trial attorney, whose practice focuses on representing employers and managers in employment discrimination and wrongful discharge cases arising under employment laws. In addition, she litigates wage payment and overtime compensation claims (including class actions) under the Fair Labor Standards Act and state laws. She also has wide-ranging experience in defending claims of breach of contract, infliction of emotional distress, and many other employment-related claims; and counsels franchisors regarding employment issues, including avoiding joint employer status with franchisees.

Kris assists clients in a variety of labor and employment matters including conducting workplace training; drafting policies and handbooks; ensuring wage and hour compliance; advising on performance management, terminations, and reductions in force; and defending Equal Employment Opportunity Commission (EEOC) and state fair employment practice agency charges. Kris prides herself on offering advice that is both practical and consistent with the employer’s business goals and culture.

Photo of Scott P. Humphreys Scott P. Humphreys

Scott P. Humphreys is a member of the Labor & Employment Practice in Greenberg Traurig’s New Jersey office. He focuses his practice on employment litigation matters arising from Title VII of the Civil Rights Act, the ADA, the ADEA, the FMLA, the New…

Scott P. Humphreys is a member of the Labor & Employment Practice in Greenberg Traurig’s New Jersey office. He focuses his practice on employment litigation matters arising from Title VII of the Civil Rights Act, the ADA, the ADEA, the FMLA, the New Jersey Law Against Discrimination, and the New Jersey Family Leave Act.

Additionally, Scott counsels clients on compliance matters pertaining to applicable state and federal employment laws.

Photo of Nicholas A. Corsano Nicholas A. Corsano

Nicholas Corsano focuses his practice on federal and state labor and employment counseling and litigation. Mr. Corsano advises and counsels clients on employment disputes involving Title VII, ADEA, ADA, and state/city statutes pertaining to employment regulations. He has experience handling single-plaintiff claims brought

Nicholas Corsano focuses his practice on federal and state labor and employment counseling and litigation. Mr. Corsano advises and counsels clients on employment disputes involving Title VII, ADEA, ADA, and state/city statutes pertaining to employment regulations. He has experience handling single-plaintiff claims brought in state and federal courts and before administrative agencies. Mr. Corsano also counsels clients on anti-harassment and anti-discrimination policies and procedures to promote a more inclusive workplace.

Additionally, Mr. Corsano has experience handling single-plaintiff and class claims concerning contested finance agreements on behalf of lenders, FDCPA and TCPA actions on behalf of financial service corporations, insurance coverage claims, and other commercial disputes.