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What does the undue hardship exemption mean for
employees?

All employers, regardless of their size or number of employees, must comply with the "Break Time for Nursing Mothers" law.

Following a complaint from a breastfeeding employee, businesses with fewer than 50 employees may be able to apply for an undue hardship exemption. To receive an exemption for that employee, the employer must prove that providing these accommodations would cause "significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business."

The employer must prove that complying with the law is significantly difficult after each complaint. Unless they do that, and until they are granted an exemption, they must comply with the law. Because there are examples of innovative, inexpensive solutions for every industry, earning an undue hardship exemption may be challenging for businesses.

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