Under the Patient Protection and Affordable Care Act ("PPACA"), the FLSA was amended to require employers to provide non-exempt employees with a private location and reasonable time to express breast milk whenever the employee has a need to. Times and frequencies of these unpaid breaks will vary by employee, but employers will be required to provide such breaks to all employees for one full year following the birth of their nursing child. Additionally, employers should be aware that bathrooms, even private ones, do not qualify as permissible locations under the PPACA. For further details, see the U.S. Department of Labor Fact Sheet.
California law also requires reasonable break times and a private space to express breast milk (with toilet stalls similarly excluded); however, unlike the FLSA requirements, California lactation laws do not have a one-year limit for providing break time for lactating employees (see California Laws Related to Breastfeeding and Minimum Requirements of the California Lactation Accommodation Law).