January 1, 2020

Lactation Room Requirements in California: What Employers Must Know

By: 
Natasha Weiss

Supporting nursing employees is not only about compliance; it is also about showing that you value and invest in your team’s well-being. In California, employers must provide lactation accommodations that follow state law, serve employees practically, and reflect thoughtful workplace culture. This post walks you through what the law requires, including break time, room features, written policies, and potential consequences if you fall short. You will also see how Nessel’s thoughtfully designed solutions, such as lactation stations, pods, portable sinks, and hands-free handwashing stations, can help you stay compliant while creating a supportive environment.

Break Time for Expressing Milk

California law requires employers to give lactating employees reasonable break time to express milk. This is not limited to regular breaks. Each request must be accommodated as needed, and the time spent walking to and from the lactation space counts as paid time.

Under the federal Fair Labor Standards Act (FLSA) and the PUMP Act, this right extends for at least one year after childbirth and applies broadly to many types of workers, including salaried and nontraditional roles.

Key points:

  • Employers must allow lactation breaks as often and as long as needed, though they may be unpaid if they exceed standard breaks.

  • Travel time to the lactation room is considered work time and must be paid.

What Makes a Room Legal and Supportive

Must-Have Features of a Compliant Lactation Room

Under California Labor Code § 1031, a lactation room must include:

  • A private space that is not a bathroom, in close proximity to the workplace, shielded from view and free from intrusion.

  • A clean and safe environment that is free of hazardous materials.

  • A surface for a pump and personal items, along with seating.

  • Access to electricity or equivalent power such as outlets or charging ports for electric or battery-powered pumps.

  • A sink with running water and refrigeration or an alternative cooler nearby for storing milk.

  • If the space is multipurpose, lactation use takes priority whenever it is needed.

Many of these requirements remain central under California’s SB 142, which expanded and clarified standards beginning in 2020.

Temporary or Shared Solutions

If space is limited or if your company operates in a multi-tenant building, California allows:

  • Temporary lactation locations that meet all requirements and are available whenever needed.

  • Shared spaces that multiple employers can use, provided they remain compliant.

  • Employers in multi-employer worksites must provide space or help subcontractors arrange accommodations within two business days of request.
Small Employer Exception

Employers with fewer than 50 employees may qualify for an undue hardship exemption, but this applies only to the physical room requirements. You must still make reasonable efforts to provide accommodations and always meet the break time requirement.

Written Policy and Legal Risk

Written Lactation Policy Is Required

California law requires employers to create and distribute a lactation policy that covers:

  • How employees can request accommodations.

  • How the employer will respond to those requests.

  • Employee rights to file complaints with the Labor Commissioner.

This policy must be included in the employee handbook and also provided upon hire, or when an employee asks about parental leave.

Consequences for Non-Compliance

Failure to provide a compliant space or to allow break time can result in:

  • A fine of $100 per day from the Labor Commissioner.

  • Classification under Labor Code § 226.7, which may increase liability in wage and hour enforcement actions or PAGA lawsuits.

  • Civil penalties and potential discrimination or retaliation claims if lactating employees face adverse treatment.

Federal vs. California Standards: A Quick Comparison

Requirement

Federal (FLSA and PUMP Act)

California (Labor Code and SB 142)

Break Time

Reasonable breaks for up to one year

Reasonable breaks, paid travel time, no time limit

Location

Private space that is not a bathroom

Same, plus cleanliness, safety, utilities, and proximity standards

Sink and Refrigerator

Not explicitly required

Required, or alternatives must be provided

Written Policy

Not required federally

Required, with mandatory distribution

Penalties

Enforcement through the DOL

$100 daily fines, wage violation risks, and civil liability

Small Employer Exemption

Available for employers with under 50 employees

Available, but reasonable efforts are still required

Nessel’s Role in Compliance and Care

When it comes to supporting breastfeeding employees, Nessel combines regulatory alignment with purposeful, empathetic design. Each product, from pods to stations to chairs, reflects a deep understanding of nursing mothers’ needs in the workplace.

1. Lactation Pods: Private, Calm, and Compliant Sanctuaries

Nessel’s lactation pods are more than enclosed spaces. They are light, airy, and soothing retreats created to provide privacy and peace in busy workplaces.

  • Available in three thoughtfully sized options that fit a variety of environments:

    • The Petite Pod is compact yet fully featured, offering soundproofing, a private locking door, skylights, ventilation, an adjustable desk, power outlets, and eco-friendly materials.

    • The Standard Pod expands on these features with additional space, ADA compliance, and the option for an integrated lactation station with sink and refrigeration.

    • The Extra Pod offers a larger layout with all Standard features included, making it a spacious and accessible solution for organizations that want to provide the most comfortable environment possible.

  • Designed for tranquility and well-being:

    • Acoustic insulation ensures quiet privacy, protecting mothers from workplace noise.

    • Skylights and high-powered air-refresh systems allow natural light and fresh air, promoting comfort and calm during each session.

    • Sustainably built with non-toxic, eco-friendly materials, each pod is safe for both mothers and the environment.

  • Privacy and functionality come together:

    • Secure locking doors with occupancy indicators ensure confidentiality and dignity.

    • Ergonomic desks and accessible power outlets allow mothers to set up their equipment with ease and comfort.

    • Optional portable sinks and refrigerators transform the pod into a complete, self-contained solution that supports both convenience and hygiene.

2. Lactation Stations: Portable, Practical, and Comfort-Driven

Nessel’s lactation stations make it easy to convert any spare room into a fully functional lactation room without requiring plumbing or major renovation.

  • Each station includes a plumbing-free sink with separate water and waste tanks, a compact refrigerator for milk storage, and power outlets with USB access.

  • Ergonomic workstations with sliding desks, cup holders, and comfortable seating create a stress-free environment where mothers can focus on expressing milk with ease.

  • Every station arrives fully assembled and ready to use. Units used for rental are always new, and once retired from rental, they are donated to ensure sustainability and community benefit.

3. Lactation Chair: Comfort and Cleanliness in Every Detail

The chair is often the centerpiece of a lactation space, and Nessel has carefully designed one that meets mothers’ physical and emotional needs.

  • Ergonomic tiling and a solid frame provide the right support for postnatal bodies, promoting healthy posture and reducing strain.

  • Integrated bottle holders within the armrests offer convenience and organization, while wide armrests provide space for pumps, phones, or personal items.

  • Upholstery is made from medical-grade, bleach-cleanable material that is both safe and easy to maintain, making it ideal for workplaces with multiple users.

4. Portable Sinks and Handwashing Stations: Hygiene Without Hassle

Nessel’s portable sinks ensure that every lactation space has access to proper sanitation, even in buildings without plumbing nearby.

  • Touchless faucets promote hygiene and safety.

  • Each sink arrives fully assembled and is built from health-focused materials that ensure easy cleaning and durability.

  • The design allows mothers to wash their hands and clean equipment immediately, promoting both convenience and confidence.

5. Consulting and Custom Design: Tailored for Culture and Compliance

Beyond the products themselves, we offer consulting and custom design services to help employers build lactation spaces that reflect their brand, culture, and compliance needs.

  • Experts guide businesses through space planning, product selection, and policy alignment, ensuring each solution is tailored to the organization’s unique requirements.

  • For companies with multiple locations, Nessel provides consistent design and compliance solutions across all sites, ensuring that every employee receives the same level of care and support.

Why Nessel Stands Apart

  • Built for legal standards and human needs: Every product meets state and federal requirements while prioritizing the comfort and dignity of nursing mothers.

  • Holistic design: Each product is light-filled, soundproof, ventilated, hygienic, and elegant, creating a space that feels both practical and restorative.

  • Sustainability and safety: Eco-conscious materials and health certifications ensure safe interiors that also protect the environment.

  • Flexibility with dignity: From compact pods to expansive stations, and from purchase to rental models, Nessel offers flexible solutions created with real workplace challenges in mind.

Conclusion

Meeting California’s lactation accommodation requirements is more than a legal obligation, it is an opportunity to show respect and care for your employees. Employers must provide reasonable break time, ensure the lactation space meets all state standards, draft and distribute a written policy, and be mindful of fines and liability risks.

By partnering with Nessel, you not only protect your organization from legal risk, you also create a workplace where employees feel genuinely valued. Investing in compliant and supportive lactation accommodations is an investment in your culture, your reputation, and the people who make your company thrive.