Workplace breastfeeding laws in california, made easy (2018) fluid on eardrum

Labor Code, § 1032 [“An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.”]; see also 29 U.S.C. 207(r)(3) [“An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.”]. Footnote 4

Labor Code, § 1030 [“Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child”]; 29 U.S.C. § 207(r) [“An employer shall provide– (A) a reasonable break time for an employee to express breast milk for her nursing child . . . .”].


Footnote 5

Labor Code, § 1031 [“The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private.”]. Footnote 10

29 U.S.C. 207(r)(1)(B) [An employer shall provide . . . a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”]. Footnote 11

Labor Code, § 1030 [“Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.”]; 29 U.S.C. 207(r)(2) [“An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.”]. Footnote 13

Labor Code, § 98.6, subd. (a) [“A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because . . . of the exercise by the employee or applicant for employment on behalf of himself, herself, or others of any rights afforded him or her.”]. Footnote 14

Civil Code, § 43.3 [“Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.”]. Footnote 16

Labor Code, § 1031 [“The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private.”]. Footnote 18

Gov. Code, § 12945, subd. (a)(3) [prohibiting employers from “refus[ing] to provide reasonable accommodation for an employee for a condition related to pregnancy, childbirth, or a related medical condition, if she so requests, with the advice of her health care provider.”]. Footnote 19

Cal. Code of Regs., tit. 2, § 11035, subd. (d) [“A ‘condition related to pregnancy, childbirth, or a related medical condition,’ as set forth in Government Code section 12945, means a physical or mental condition intrinsic to pregnancy or childbirth that includes, but is not limited to, lactation.”]. Footnote 21

Gov. Code, § 12940, subd. (j)(4)(A) [“For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.”]. Footnote 29

See also Reasonable Break Time for Nursing Mothers, 75 Fed.Reg. 80073, 80078 (Dec. 21, 2010) [“If an employer treats employees who take breaks to express breast milk differently than employees who take breaks for other personal reasons, the nursing employee may have a claim for disparate treatment under Title VII.”]. Footnote 31

Gov. Code, § 12945.2, subd. (s) [“An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave.”]. Footnote 35

Cal. Code of Regs., tit. 2, § 11035, subd. (d) [“Generally lactation without medical complications is not a disabling related medical condition requiring pregnancy disability leave, although it may require transfer to a less strenuous or hazardous position or other reasonable accommodation.”]. Footnote 39

See Sanchez v. Swissport, Inc. (2013) 213 Cal.App.4th 1331, 1339–1341 [holding that an employer’s obligations to provide accommodations under the Fair Employment and Housing Act are still required when the employee has exhausted their leave time under the Pregnancy Disability Leave Law]. Footnote 41

Gov. Code, § 12965, subd. (c) [“A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (b), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part.”]. Footnote 44

Peatros v. Bank of America (2000) 22 Cal.4th 147, 166–167 [FEHA “allows the employee to obtain ‘all relief generally available,’ specifically ‘in noncontractual actions’ [citations], including ‘unlimited compensatory and punitive damages’ [citations].”]; see also Labor Code, §§ 98.6, 1102.5, 1197.5 [prohibiting retaliation]; Gov. Code, § 12940, subd. (m) [same]. Footnote 45

Gov. Code, § 12965, subd. (b) [“In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees.”]. Footnote 46