Effective July 1, 2017, Nevada employers must provide a nursing mother of a child less than one year of age reasonable break time, with or without permission and with or without pay, to express breast milk as needed. Employers must also make a place available for nursing employees to express breast milk. The place cannot be a bathroom, and it must be reasonably free from dirt, pollution, and intrusion.
The new law applies to all Nevada employers. However, if an employer determines that complying with the law will cause an undue hardship, the employer and employee can agree on a reasonable alternative. If the parties are unable to reach an agreement, the employer may require the employee to accept a reasonable alternative of the employer’s choice. Employers with less fifty employees do not have to comply with the new law if doing so “would impose an undue hardship on the employer, considering the size, financial resources, nature and structure of the business of the employer.
Retaliation against an employee who takes (1) a break or uses an area to express milk or (2) an action to require compliance with the requirements of the law is strictly prohibited. More information about Nevada’s new lactation law can be found at the following link: Nevada Assembly Bill 113.
Coverage: Employers with employees in Nevada.
Effective: July 1, 2017
Action Required: You should review and modify your policies and/or practices as appropriate and ensure that your supervisors are prepared to receive and accommodate employee requests for reasonable breaks to express breast milk.