Buried in the newly enacted health care reform legislation is a provision that amends the Fair Labor Standards Act to require employers to provide a "reasonable break time for an employee to express breast milk for a nursing child for 1 year after the child's birth each time such employee has need to express the milk." In addition, the employer must provide for this purpose "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public."
Businesses that employ fewer than 50 employees are exempt from these requirements if they can show that following them would impose an "undue hardship." The burden of proof will be on the employer and may be difficult to meet in most cases.
On the other hand, things could have been worse for employers. Yesterday, April 1, a wag claimed that, but for Republican intervention, the legislation would ha
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