Health Care Nanny State: Breast Feeding Law

More Nanny-state regulation in the Obamacare bill according to the law firm Seyfarth Shaw:

As part of the recent Patient Protection and Affordable Care Act of 2010 (PPACA), Congress amended the Fair Labor Standards Act to provide breaks for nursing mothers. Under section 4207 of the PPACA, which appears to be effective immediately, employers must provide a “reasonable break time” for an employee to express breast milk for her nursing child. The requirement applies for one year after the child’s birth. The PPACA places no limit on the number of the breaks to be provided, and does not contain any guidance with respect to the duration of such breaks.

In addition to providing reasonable breaks, the employer must also provide a place where the employee can express breast milk. The place must be somewhere other than a bathroom and must be “shielded from view and free from intrusion from coworkers and the public.”

The law exempts any employer with fewer than 50 employees if providing the break (or the place to express breast milk) would impose an “undue hardship” on the employer. For the purposes of the PPACA, “undue hardship” is defined as “causing the employer significant difficulty or expense” when considered in relation to relevant factors. . . .