Since the March 23, 2010 passage of the Patient Protection and Affordable Care Act which included The Nursing Mother Amendment to the Fair Labor Standards Act, many employers have struggled with their legal obligation to accommodate nursing mothers who need to express milk during the work day.

The U.S. Department of Labor has issued a Fact Sheet and published FAQ’s, and on December 21, 2010, it published a Request for Information seeking “creative solutions” to further assist employers with compliance. In addition to requesting feedback, the DOL provided some helpful interpretive guidance.

The DOL recognized some of the difficulties with the law’s one size-fits-all approach to the country’s diverse workplaces. For example, the DOL acknowledged the challenge faced by employers with employees who do not work in a fixed place during a work shift, such as bus drivers, delivery workers, paramedics and police officers.