Hawaii Employment Law: Breastfeeding in the Workplace is a Protected Act

In April 2023, nursing mothers received federal protections under the PUMP for Nursing Mothers Act (“PUMP Act”). This new law expands employer obligations under Fair Labor Standards Act (FLSA) and provides more expansive remedies if an employer violates workers’ rights under the Act.

However, Hawaii employers are not largely affected by the PUMP Act since Hawaii Act 249, the state law protecting breastfeeding workers that went into effect in 2013, is more stringent than the federal PUMP Act.

For reference, here is how the laws compare.

Who is protected by the law?

PUMP Act

• All employees who breastfeed or express breast milk at the workplace, exempt and non-exempt workers.

Hawaii Act 249

• All employees who breastfeed or express breast milk at the workplace.

Eligible Employers

PUMP Act

• Employers with more than 50 employees.
• Exemption: Employers with fewer than 50 employees may be exempt from this requirement if they can show that accommodating would cause undue hardship due to the size, financial resources, nature, or structure of the employer’s business. Crewmembers of air carriers are exempted from the law. Rail carriers and motorcoach services operators are covered by the law, but there are exceptions and delayed effective dates for certain employees. No similar exemption is provided for other transportation industry employers.

Hawaii Act 249

• Employers with more than 20 employees.
• Exemption: Employers with fewer than 20 employees may be exempt from this requirement if they can show that accommodating would cause undue hardship due to the size, financial resources, nature, or structure of the employer’s business.

Employer Obligations

PUMP Act 

• Provide a reasonable break time for all employees to express milk for the employee’s nursing child for one year after the child’s birth each time the employee has a need to express breast milk.
• Provide a location (permanent or temporary), other than the restroom, that is shielded from view and free from intrusion from coworkers and the public that may be used by an employee to express breast milk.

Hawaii Act 249

• Provide a reasonable break time for all employees to express milk for the employee’s nursing child for one year after the child’s birth each time the employee has a need to express breast milk.
• Provide a location, other than the restroom, that is shielded from view and free from intrusion from coworkers and the public that may be used by an employee to express breast milk.
• Post a notice in a conspicuous place accessible to employees and use other appropriate means to keep employees informed of this right.

Practical Advice

• Educate the HR team and front-line managers on the update to the PUMP Act and Act 249.
• Come up with creative solutions and private spaces for nursing mothers to express breast milk that follow the law.

Need help with your Human Resources?

We know how difficult it can be to maintain compliance and keep up with ever-changing human resources laws and regulations. That’s where our team of HR experts can help. We monitor federal and state updates to the laws and notify affected employers with the necessary information to keep their businesses compliant. To learn more about how we can help your business, contact us.

This article is for informational purposes only and does not constitute legal advice. Readers should first consult their attorney, accountant or adviser before acting upon any information in this article.