Employer Refuses Rest Periods For Lactacting

What can I do if my employer refuses to let me take a break for lactating?

If your employer isn’t giving you enough break time to “express milk” than you may file a rest period wage claim in California. Your employer may be reviewed and fined $100 for each violation. If your employer retaliates against your wage claim for the right to “lactation accommodation,” then you may file a retaliation claim. In California, all employees are entitled to have rest periods for lactating. If your employer is not giving you sufficient time for lactating, then you may file a rest period wage claim in California.


Jane has a baby at home. She has to spend some time lactating at work to provide enough milk for her baby. Jane has to take a break at work to lactate so she has food for her baby when she gets home. Jane’s employer is refusing to let Jane take breaks for lactating. Jane files a rest period wage claim in California. After she filed a wage claim, her employer was reviewed and fined $100 for every violation. Jane’s employer retaliates against Jane. Jane can file a retaliation claim in California court. All employees in CA are guaranteed time for lactating. Jane may also contact a rest period wage claim lawyer who can file a claim for her.

If you have a question about California rest period law or want to file a rest period wage claim, contact Strauss & Strauss APC now.