To apply for an undue hardship exemption 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." Because there are examples of innovative, inexpensive solutions for every industry, earning an undue hardship exemption may be challenging for businesses.
Because the situation of a business changes over time, the employer must prove that complying with the law is significantly difficult after each complaint. Just because an employer has been exempted in the past does not mean that they will be exempted in the future. An employer cannot apply to be automatically exempted.
Even if you work for a small business, you have the right to break time and a private space to express milk for your baby while you are at work. Even if your employer has fewer than 50 employees, they must comply unless the federal government has issued them an exemption.
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