State Law
In 2009, North Dakota passed a law 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 law also created the Infant Friendly Workplace designation. The designation is a voluntary program for employers. It focuses on a breastfeeding policy that includes:
- A private, dedicated space for pumping breast milk (not a restroom).
- Flexible break times for pumping.
- Access to a nearby sink and refrigerator.
To read the entire law, go to North Dakota Century Code 23-12-16 Right to breastfeed.
Federal Law
The Fair Labor Standards Act (FLSA) requires most employers to give reasonable break time for employees to express breast milk for one year after the child’s birth. Employees can take breaks whenever they need to pump. They also must have a private space, which cannot be a bathroom. The space should be shielded from view and free from interruptions by coworkers and the public.
The U.S. Department of Labor's Wage and Hour Division (WHD) enforces laws that protect workers. For questions call 1-866-487-9243.
More Resources
U.S. Department of Labor's Wage and Hour Division (WHD): Fact Sheet #73 “FLSA Protections for Employees to Pump Breast Milk at Work” .
United States Breastfeeding Committee: Online Workplace Guide.