Breastfeeding Laws


State Law

In 2009, the North Dakota Legislature passed legislation to protect a woman’s right to breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be. This legislation also established an "infant-friendly" designation for workplaces that adopt breastfeeding support policies. The breastfeeding support policies include: 

  • allowing flexible break times for expression of milk,
  • providing a clean, private space (not a toilet stall or restroom) for pumping/nursing,
  • access to a clean water source for washing hands and cleaning breast pump equipment, and
  • providing a place for storing breast milk (such as a refrigerator, etc.).

To read the entire text of the legislation, go to North Dakota Century Code 23-12-16 Right to breastfeed


Federal Law

On March 23, 2010, the Patient Protection and Affordable Care Act (“Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to include the "Break Time for Nursing Mother's" Law: 

(r)(1)An employer shall provide— 

         A. a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s  birth each time such employee has need to express the milk; and 

         B. a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. 

(2)An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose. 

(3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business. 

(4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection. 

To learn more check out:

The United States Breastfeeding Committee's Online Guide.

The U.S. Department of Labor's Wage and Hour Division (WHD) Fact Sheet #73 “Break Time for Nursing Mothers under the FLSA”  and Frequently Asked Questions (FAQs)

The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for administering and enforcing worker protection laws. For specific questions about your workplace situation call 1-866-487-9243.