Lactation Rights
California’s lactation accommodation requirements under Labor Code § 1031 continue to be a frequent source of compliance violations, even though the law has been in effect for years.
All California employers, regardless of size, must provide a private location (not a bathroom) for employees to express breast milk. The space must be shielded from view, free from intrusion, and include access to electricity and seating. Employers must also allow reasonable break time each time the employee needs to express milk.
Many employers mistakenly believe small businesses are exempt. While Labor Code § 1031 allows for a temporary delay if providing accommodation would create undue hardship, this exemption is extremely narrow and rarely applies. Courts interpret “undue hardship” strictly.
The law protects employees from retaliation for requesting or using lactation accommodations. Violations can result in civil penalties and create liability for discrimination claims under FEHA.
Employers frequently underestimate what constitutes “reasonable” break time. Multiple 15-30 minute breaks per shift are often necessary, and if the employee is not completely relieved of duties during the break, it must be paid time.
Common violations include: designating bathrooms as lactation spaces, failing to provide electricity, allowing interruptions, or making employees feel uncomfortable about requesting accommodation.
Do your workplace policies clearly address lactation accommodation? Are managers trained to respond appropriately to accommodation requests? Have you conducted a facilities audit to ensure compliant space is available?
#EmploymentLaw #CaliforniaLaw #WorkplaceRights #HRCompliance #LactationRights
Please note that this article is for informational purposes only and should not be considered and is not legal advice, and does not constitute an attorney-client relationship. It is recommended to consult with an attorney directly for specific guidance pertaining to your business or individual situation.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.
Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com