@diamondoutofdust the PUMP act applies to you! def consult with an employment attorney
Do PUMP at work requirements apply to small businesses?
All employers covered by the FLSA , regardless of the size of their business, are required to comply with this provision. Employers with fewer than 50 employees are not subject to the FLSA break time requirement if the employer can demonstrate that compliance with the provision would impose an undue hardship. Undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, or structure of the employer’s business.
@stevent Ugh, yeah that’s what I’m worried they’re slimey enough to do—claim an undue hardship. They have noooo problem letting one salaried employee only work a half day every Monday, but their entire system is drama-filled, subjective, and based on favouritism enough that me pumping for 15min twice a day is devastatingly inconvenient. They’ve made it clear that they want me to quit because my status as a mom (needing to pump, not being able to stay late, routinely using up sick time and PTO) is inconveniencing the team.
Luckily this is my second job and not my primary income, and my primary job is a stable union job that I love, but I’m a single mom and really need to make at least $100k to be able to support us in the VHCOL we live in
@diamondoutofdust Undue hardship is a pretty difficult claim for an employer to make. If you’re also the only person doing this, you could carve out a discrimination claim BUT bringing a claim against your workplace tends to lead to a parting of ways.
AL but not legal advice, I’d politely let the powers that be know about the PUMP act obligations in writing and propose your v reasonable solution. I’m so sorry you’re dealing w this.
Also DOCUMENT EVERYTHING. Send yourself same day emails recounting conversations.
@stevent Yeah, I think I probably will make a discrimination claim. I feel like it’ll buy me enough time to figure out what my next move is, and that’s all I need—that and to be able to collect unemployment and/or sue them for discrimination.
I literally did tell them it’s the law and they verbatim said it didn’t apply to them. I said I wasn’t sure if that was true because we receive federal funding, but I actually don’t know.
Documenting like my life depends on it lol. Cc’ing myself on every email is send, screenshooting all positive comments on my performance on a personal device.
@diamondoutofdust Just in case I would also take a picture of the room they wanted you to pump in. Just to make sure that every part of this is documented. I'm sorry that you're going through this.
@diamondoutofdust Good! Definitely go consult with an employment lawyer. You could resolve it with an atty letter for a lot less money than an administrative or court action.
@diamondoutofdust Keep track of the favoritism because that works to your benefit in a litigation. Not following a clear policy and treating each employee differently looks bad for your employer. The fact that you said they let one employee go home to pump while being this shitty to you makes a case for retaliation which is really bad for your employer.
@diamondoutofdust Did your company apply for the exemption? Because I'm pretty sure they have to apply and show hardship for meeting to rules to be exempt; otherwise it applies to them, same as everyone else.
@diamondoutofdust There was a HUGE lawsuit at my job about this and the girl won 2.5 million dollars. Her direct supervisor wouldn’t allow her to pump so she leaked everywhere. Then he made her pump in a utility closet.
@diamondoutofdust Sorry, OP. I too made the mistake of thinking having a female boss would mean she’d understand pregnancy/breastfeeding, but I was terribly wrong and ended up going through a legal situation myself. My boss was eventually fired.
Stand your ground, keep documenting, do everything you can!
@diamondoutofdust OP lots of great advice here so I won’t pile on the employment aspect. Good luck.
Do not skip pumping though. It can cause engorgement and potentially infection. It can interfere with your milk production. Do what you need to, but don’t stop your daily pumping cold Turkey.
@rhunette Right? Lol I would just start walking into that lady’s office every time I need to pump. But I’m a balls-on -the-table, will-breastfeed-in-public type of lady. (Aka I work in a male dominated industry)
@diamondoutofdust You already got a lot of great advice. Just here to support you with a good ol' "Fuck that bitch! She is really putting the 'interim' in interim director."
BTW, when we take down the patriarchy, can we bring down women that actively support the patriarchy?
@unclefester Yes. I have no beef with never married/no children women, but I hate how their lack of experience often seems to translate into ignorance and lack of empathy that just serves the patriarchy
@diamondoutofdust You already have so much good advice here but please please do consult with a lawyer to understand your rights. Rooting for you! This is completely unacceptable and illegal behavior.
@diamondoutofdust My SIL is in a similar situation. If you are in the US, the PUMP ACT protects you, and depending on your state you're even more protected. You don't need to find a job based around a decision to feed your child and have a family.
She filed a complaint and offered a solution. They have 10 days to respond and resolve. Yours responded with no resolution. You now file a formal complaint with the Dept of labor.
If you are reprimanded, you should also follow up with the Department of human relations commission.
Know your rights. People often assume a woman leader will be more flexible and that's NOT a safe assumption. Regardless, do your due diligence and follow through with a complaint. If you do have an HR dept contact them also.
And DOCUMENY DOCUMENT DOCUMENT. if you have anyone who heard her yelling at you get a written statement/email confirming.
@diamondoutofdust Omg this sounds like an old employer of mine. (Although I don’t know that she would do this specifically, or at least as another mother I hope she wouldn’t.) she was a civil rights attorney btw
What I’m saying is your boss is unhinged. And I know the type. Run far far away. Or try giving her a piece of your mind and seeing how she responds to that.
@mome3003 Oh very unhinged. She always asks me “how’s that sweet baby of yours” and she had the AUDACITY to say that to me in the hallway just hours later, like she didn’t just threaten his livelihood and his food supply by harassing and intimidating me.
God, I’m sorry that sort of thing happened to you also. Like, get a life lady. We’re all just here to render services, collect our pay check, and bounce—I know you’re sad and alone but there’s no need to be fighting people like this.