A new workplace law affecting employers is SB 1976, which now requires businesses to provide a location other than a bathroom for new mothers who would like to express breast milk for their children. This changes the previous law which states that employers should provide a space other than a toilet stall for lactation. Now, the location must be somewhere outside a bathroom, and preferably a permanent location.
If a permanent location is not possible for a business due to operational, financial, or space limitations, the SB 1976 law states that the temporary location is private, free from intrusion, and not used for any other purposes while being used for lactation.
Employers must prove undue hardship if they are unable to provide a location other than a toilet stall for their employees. An exception for SB 1976 is made for agricultural employers – who may allow employees to use an air-conditioned cab of a tractor or truck. The law goes into effect Jan. 1, 2019.
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