NRS 608.0193 Employer required to provide break time to express breast milk; compensation pursuant to collective bargaining agreement; reasonable alternative to alleviate undue hardship; retaliation prohibited; exceptions.
Understanding NRS 608.0193: Breast Milk Expression Breaks in the Workplace
In Nevada, working mothers have legal protections when it comes to expressing breast milk in the workplace. One of the key laws offering this protection is NRS 608.0193. This law ensures that employers support the needs of nursing mothers with proper break times and facilities. Let’s explore the main parts of this law and what they mean for both employees and employers in Nevada.
Break Time for Expressing Breast Milk
NRS 608.0193 requires employers in Nevada to provide reasonable break times for employees who need to express breast milk for their child, up to one year after the child’s birth. These breaks must be given as often as the mother needs to express milk.
If possible, employees can take these breaks during their usual rest or meal breaks. If extra time is needed outside of these regular intervals, the employer is not required to compensate for the additional break time, unless agreed upon in a collective bargaining agreement or work policy.
Private Location Requirement
According to the law, employers must provide a clean, private space—other than a bathroom—where an employee can express milk. This space must be:
- Free from intrusion by coworkers and the public
- Shielded from view
- Near the employee’s work area
This requirement ensures that mothers have a comfortable and secure place to take care of their health and their baby’s needs during working hours.
Undue Hardship Exemption
There are situations where an employer may not be able to meet the law’s requirements due to serious difficulties. In such cases, the employer may claim an undue hardship defense. This applies mostly to small businesses where providing break time or space would cause significant difficulty or expense compared to the size and resources of the business.
However, even if an employer claims hardship, they must still make reasonable efforts to accommodate the employee. This may include offering a flexible schedule or finding an alternative private space that meets the requirements as closely as possible.
Protection from Retaliation
NRS 608.0193 also protects workers from retaliation. Employers are not allowed to fire, demote, or take any adverse action against an employee who chooses to express breast milk at work or who files a complaint under this law.
This part of the law is especially important because it ensures that nursing mothers can advocate for their rights without fear of losing their job or facing other consequences.
Exceptions to the Rule
Some exceptions apply to this law. For example, it may not apply to independent contractors or certain types of exempt employees. Additionally, any employee covered by a collective bargaining agreement may have different terms. In such cases, the agreement may outline specific break times and compensation, provided those terms meet or exceed the rights established by NRS 608.0193.
Conclusion
NRS 608.0193 is a valuable law that supports working mothers in Nevada. It helps ensure that they can continue to care for their child’s health while staying active in the workforce. Employers should be familiar with these requirements and work to create a supportive environment for nursing employees. As always, employees with concerns should consult the Nevada Labor Commissioner’s office or a legal expert to better understand their rights and options.