Chapter 3.8. Lactation Accommodation of California Labor Code >> Division 2. >> Part 3. >> Chapter 3.8.
Every employer, including the state and any political
subdivision, shall provide a reasonable amount of break time to
accommodate an employee desiring to express breast milk for the
employee's infant child. The break time shall, if possible, run
concurrently with any break time already provided to the employee.
Break time for an employee that does not run concurrently with the
rest time authorized for the employee by the applicable wage order of
the Industrial Welfare Commission shall be unpaid.
The employer shall make reasonable efforts to provide the
employee with the use of a room or other location, other than a
toilet stall, in close proximity to the employee's work area, for the
employee to express milk in private. The room or location may
include the place where the employee normally works if it otherwise
meets the requirements of this section.
An employer is not required to provide break time under this
chapter if to do so would seriously disrupt the operations of the
(a) An employer who violates any provision of this chapter
shall be subject to a civil penalty in the amount of one hundred
dollars ($100) for each violation.
(b) If, upon inspection or investigation, the Labor Commissioner
determines that a violation of this chapter has occurred, the Labor
Commissioner may issue a citation. The procedures for issuing,
contesting, and enforcing judgments for citations or civil penalties
issued by the Labor Commissioner for violations of this chapter shall
be the same as those set forth in Section 1197.1.
(c) Notwithstanding any other provision of this code, violations
of this chapter shall not be misdemeanors under this code.