Does North Carolina State Law Already Require Lactation Accommodation?
Many states have passed laws recently requiring employers to provide nursing mothers with reasonable break time and space to express breast milk. North Carolina, however, is not one of them. While N.C. Gen. Stat. ยง 14-190.9 allows women to breastfeed in any public or private location, no North Carolina law requires an employer to offer breaks for nursing mothers. Accordingly, North Carolina employers covered by the PPACA’s amendment to the FLSA must comply with it. Employers covered by state laws and the amendment to the FLSA must satisfy the requirements of both federal and state law. To the extent there is a conflict between federal and state law, the amendment specifically provides that the federal law does not preempt a state law providing greater protections. To Which Employers Does the Amendment Apply? Generally, all employers that are covered by the FLSA and employ 50 or more employees must comply with the amendment. The amendment states that employers covered by the FLSA that e
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