43.3. Notwithstanding any other provision of law, a mother may
breastfeed her child in any location, public or private, except the
private home or residence of another, where the mother and the child
are otherwise authorized to be present.
Enforcement Provision
None
Workplace Pumping Law
LABOR CODE
SECTION 1030-1033
1030. 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.
1031. The employer shall make reasonable efforts to provide the
an 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.
1032. An employer is not required to provide break time under this
chapter, if to do so, would seriously disrupt the operations of the
employer.
[UPDATE] The California Fair Employment and Housing Act that states it is unlawful to engage in specified discriminatory practices in employment or housing accommodations on the basis of sex were amended in 2012 to clarify that the term “sex” also includes breastfeeding or medical conditions related to breastfeeding. This means the penalties for discrimination on the basis of sex under this Act now apply to discrimination on the basis of breastfeeding. See specifics below.
Enforcement Provision
1033. (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.
read:
12926. As used in this part in connection with unlawful practices, unless
a different meaning clearly appears from the context:
(a) “Affirmative relief” or “prospective relief” includes the authority to
order reinstatement of an employee, awards of back pay, reimbursement of
out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure,
promotions, cease and desist orders, posting of notices, training of personnel,
testing, expunging of records, reporting of records, and any other similar
relief that is intended to correct unlawful practices under this part.
