Lactation Room Requirements in California- What Employers Must Know.docx

Nessel LLC helps employers understand and comply with California workplace laws. Our experts guide you through Lactation Room Requirements in California, ensuring your business meets all legal standards for employee comfort and privacy. From policy creation to compliance audits, we make it easy to support working mothers while maintaining a positive and inclusive work environment.

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1. Lactation Room Requirements in California: What
Employers Must Know
Supporting nursing employees is not only about compliance; it is also about showing that you value
and invest in your team’s well-being. In California, employers must provide lactation
accommodations that follow state law, serve employees practically, and reflect thoughtful workplace
culture. This post walks you through what the law requires, including break time, room features,
written policies, and potential consequences if you fall short. You will also see how Nessel’s
thoughtfully designed solutions, such as lactation stations, pods, portable sinks, and hands-free
handwashing stations, can help you stay compliant while creating a supportive environment.
Break Time for Expressing Milk
California law requires employers to give lactating employees reasonable break time to express milk.
This is not limited to regular breaks. Each request must be accommodated as needed, and the time
spent walking to and from the lactation space counts as paid time.

2. Under the federal Fair Labor Standards Act (FLSA) and the PUMP Act, this right extends for at least
one year after childbirth and applies broadly to many types of workers, including salaried and
nontraditional roles.
Key points:
Employers must allow lactation breaks as often and as long as needed, though they may be
unpaid if they exceed standard breaks.
Travel time to the lactation room is considered work time and must be paid.
What Makes a Room Legal and Supportive
Must-Have Features of a Compliant Lactation Room
Under California Labor Code § 1031, a lactation room must include:
A private space that is not a bathroom, in close proximity to the workplace, shielded from
view and free from intrusion.
A clean and safe environment that is free of hazardous materials.
A surface for a pump and personal items, along with seating.
Access to electricity or equivalent power such as outlets or charging ports for electric or
battery-powered pumps.
A sink with running water and refrigeration or an alternative cooler nearby for storing milk.
If the space is multipurpose, lactation use takes priority whenever it is needed.
Many of these requirements remain central under California’s SB 142, which expanded and clarified
standards beginning in 2020.
Temporary or Shared Solutions
If space is limited or if your company operates in a multi-tenant building, California allows:
Temporary lactation locations that meet all requirements and are available whenever
needed.
Shared spaces that multiple employers can use, provided they remain compliant.
Employers in multi-employer worksites must provide space or help subcontractors arrange
accommodations within two business days of request.
Small Employer Exception

3. Employers with fewer than 50 employees may qualify for an undue hardship exemption, but this
applies only to the physical room requirements. You must still make reasonable efforts to provide
accommodations and always meet the break time requirement.
Written Policy and Legal Risk
Written Lactation Policy Is Required
California law requires employers to create and distribute a lactation policy that covers:
How employees can request accommodations.
How the employer will respond to those requests.
Employee rights to file complaints with the Labor Commissioner.
This policy must be included in the employee handbook and also provided upon hire, or when an
employee asks about parental leave.
Consequences for Non-Compliance
Failure to provide a compliant space or to allow break time can result in:
A fine of $100 per day from the Labor Commissioner.
Classification under Labor Code § 226.7, which may increase liability in wage and hour
enforcement actions or PAGA lawsuits.
Civil penalties and potential discrimination or retaliation claims if lactating employees face
adverse treatment.
Federal vs. California Standards: A Quick Comparison
Requirement
Federal (FLSA and PUMP Act)
California (Labor Code and SB 142)
Break Time
Reasonable breaks for up to one year
Reasonable breaks, paid travel time, no time limit
Location
Private space that is not a bathroom
Same, plus cleanliness, safety, utilities, and proximity standards
Sink and Refrigerator

4. Not explicitly required
Required, or alternatives must be provided
Written Policy
Not required federally
Required, with mandatory distribution
Penalties
Enforcement through the DOL
$100 daily fines, wage violation risks, and civil liability
Small Employer Exemption
Available for employers with under 50 employees
Available, but reasonable efforts are still required
Nessel’s Role in Compliance and Care
When it comes to supporting breastfeeding employees, Nessel combines regulatory alignment with
purposeful, empathetic design. Each product, from pods to stations to chairs, reflects a deep
understanding of nursing mothers’ needs in the workplace.
1. Lactation Pods: Private, Calm, and Compliant Sanctuaries
Nessel’s lactation pods are more than enclosed spaces. They are light, airy, and soothing retreats
created to provide privacy and peace in busy workplaces.
Available in three thoughtfully sized options that fit a variety of environments:
oThe Petite Pod is compact yet fully featured, offering soundproofing, a private
locking door, skylights, ventilation, an adjustable desk, power outlets, and eco-
friendly materials.
oThe Standard Pod expands on these features with additional space, ADA compliance,
and the option for an integrated lactation station with sink and refrigeration.
oThe Extra Pod offers a larger layout with all Standard features included, making it a
spacious and accessible solution for organizations that want to provide the most
comfortable environment possible.
Designed for tranquility and well-being:
oAcoustic insulation ensures quiet privacy, protecting mothers from workplace noise.

5. oSkylights and high-powered air-refresh systems allow natural light and fresh air,
promoting comfort and calm during each session.
oSustainably built with non-toxic, eco-friendly materials, each pod is safe for both
mothers and the environment.
Privacy and functionality come together:
oSecure locking doors with occupancy indicators ensure confidentiality and dignity.
oErgonomic desks and accessible power outlets allow mothers to set up their
equipment with ease and comfort.
oOptional portable sinks and refrigerators transform the pod into a complete, self-
contained solution that supports both convenience and hygiene.
2. Lactation Stations: Portable, Practical, and Comfort-Driven
Nessel’s lactation stations make it easy to convert any spare room into a fully functional lactation
room without requiring plumbing or major renovation.
Each station includes a plumbing-free sink with separate water and waste tanks, a compact
refrigerator for milk storage, and power outlets with USB access.
Ergonomic workstations with sliding desks, cup holders, and comfortable seating create a
stress-free environment where mothers can focus on expressing milk with ease.
Every station arrives fully assembled and ready to use. Units used for rental are always new,
and once retired from rental, they are donated to ensure sustainability and community
benefit.
3. Lactation Chair: Comfort and Cleanliness in Every Detail
The chair is often the centerpiece of a lactation space, and Nessel has carefully designed one that
meets mothers’ physical and emotional needs.
Ergonomic tiling and a solid frame provide the right support for postnatal bodies, promoting
healthy posture and reducing strain.
Integrated bottle holders within the armrests offer convenience and organization, while wide
armrests provide space for pumps, phones, or personal items.

6. Upholstery is made from medical-grade, bleach-cleanable material that is both safe and easy
to maintain, making it ideal for workplaces with multiple users.
4. Portable Sinks and Handwashing Stations: Hygiene Without Hassle
Nessel’s portable sinks ensure that every lactation space has access to proper sanitation, even in
buildings without plumbing nearby.
Touchless faucets promote hygiene and safety.
Each sink arrives fully assembled and is built from health-focused materials that ensure easy
cleaning and durability.
The design allows mothers to wash their hands and clean equipment immediately,
promoting both convenience and confidence.
5. Consulting and Custom Design: Tailored for Culture and Compliance
Beyond the products themselves, we offer consulting and custom design services to help employers
build lactation spaces that reflect their brand, culture, and compliance needs.
Experts guide businesses through space planning, product selection, and policy alignment,
ensuring each solution is tailored to the organization’s unique requirements.
For companies with multiple locations, Nessel provides consistent design and compliance
solutions across all sites, ensuring that every employee receives the same level of care and
support.
Why Nessel Stands Apart
Built for legal standards and human needs: Every product meets state and federal
requirements while prioritizing the comfort and dignity of nursing mothers.
Holistic design: Each product is light-filled, soundproof, ventilated, hygienic, and elegant,
creating a space that feels both practical and restorative.
Sustainability and safety: Eco-conscious materials and health certifications ensure safe
interiors that also protect the environment.
Flexibility with dignity: From compact pods to expansive stations, and from purchase to
rental models, Nessel offers flexible solutions created with real workplace challenges in
mind.
Conclusion

7. Meeting California’s lactation accommodation requirements is more than a legal obligation, it is an
opportunity to show respect and care for your employees. Employers must provide reasonable break
time, ensure the lactation space meets all state standards, draft and distribute a written policy, and
be mindful of fines and liability risks.
By partnering with Nessel, you not only protect your organization from legal risk, you also create a
workplace where employees feel genuinely valued. Investing in compliant and supportive lactation
accommodations is an investment in your culture, your reputation, and the people who make your
company thrive.