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Employment Rights Attorney in San Jose May Help Lactating Women Fight

Posted on in Employment

When the Patient Protection and Affordable Care Act came into being, there was a lot of public discussion but one aspect of the law largely went unnoticed. Do you know what it was and how it affects employment rights? Here's a hint; it as to do with one of the most natural, female activities in the world. If you guessed breastfeeding, you'd be correct.

Since the spring of 2010, employers have been required to afford lactating women certain rights. Those rights are spelled out in the Fair Labor Standards Act within Section 7(r). However, there are loopholes that allow some employers to deny women those rights in certain situations. For example, businesses of a certain size are one of the groups able to take advantage of the federal loophole. But that's not the end of the story here in California.

Our state gives lactating women employment rights as well and they're far more comprehensive than the federal one. They're found in sections of the state's labor, civil and civil procedure codes (e.g. 1030-1033 and 43.3). Unfortunately, they collectively provide a few loopholes too and one of them may be found in the Industrial Welfare Commission Wage Orders. Just like the federal law, it provides some businesses with the right to request an exemption.

So what should lactating mothers do? Becoming familiar with their employer's policies is a great starting point. Once familiar with them, parents should determine if those policies are in accordance with both state and federal laws. If the policies are not in accordance with the laws, parents should consider seeking the counsel of employment rights attorneys. They may be able to broker an understanding between parents and employers or pursue legal action on behalf of mothers.

To learn more about lactating women's employment rights and other workplace issues that may impact California's growing families, please contact us today.

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