Workplace Support in MN: Status and Process for Addressing Issues of Non Compliance

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1 Workplace Support in MN: Status and Process for Addressing Issues of Non Compliance Minnesota Breastfeeding Coalition Annual Meeting Friday October 23, 2015 Alexis Russell, MPH (University of Minnesota School of Public Health)

2 Scope of Presentation: Breastfeeding Barriers for U.S. Women Lactation Problems Lack of Knowledge Barriers Related to Health Services Social Norms Employment Poor Family and Social Support

3 Minnesota and U.S. Breastfeeding Rates 89.20% 79.20% Minnesota U.S % 40.70% Recommended Time 23.50% 18.80% Intiated Breastfeeding 3 Months Exclusive Breastfeeding 6 Months Exclusive Breastfeeding Center for Chronic Disease Prevention and Health Promotion Breastfeeding Report Card. (January 11, 2014).

4 Workplace Barriers for Women 1. Unavailable private space(s) 2. Inflexible break time 3. Unpaid break time 4. Lack of places to store expressed breast milk 5. Feelings of job insecurity for requesting accommodations 6. Lack of awareness 7. Absent workplace breastfeeding policies US Department of Health and Human Services The Surgeon General s Call to Action to Support Breastfeeding. (January 26, 2015).

5 How employers benefit from women who breastfeed Less absenteeism Women who breastfeed are 2x less likely to miss work due to a sick infant Lower health care costs Fewer claims filed for sick infants Higher retention rates of employees Greater employee loyalty Increased morale Higher productivity Tuttle, Cynthia Reeves, and Wendy I Slavit Establishing the Business Case for Breastfeeding. Breastfeeding medicine : the official journal of the Academy of Breastfeeding Medicine 4 Suppl 1: S59 62.

6 2012 Minnesota Worksite Wellness Survey Results 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 10% 33% Written Policy Supporting Onsite Breastfeeding Small Businesses (>100 employees) 52% 84% Provides flexible breaks and work options for breastfeeding employees 30% 66% Worksite provides a private on-site lactation room Large Businesses (>100 employees) Wyoming Survey and Analysis Center Minnesota Worksite Wellness Survey

7 Women with Infants in the Labor Force 2013 Labor Force Participation Women with Infants Rank State % #1 IA 75% #2 MN 73% #2 WI 73% #3 SD 72% #4 DC 71% #5 CT 69% *U.S. Census Bureau yr. estimates, age participation in labor force within 12 months of giving birth

8 How does Minnesota and Federal laws measure up to workplace barriers? Barrier MN State Law (1998) Federal Law (2010)* Unavailable private space(s) X X XX Inflexible break time X X X Unpaid break time MN State Law (2014) Lack of places to store expressed breast milk Feelings of job insecurity for requesting accommodations XX Lack of awareness Absent workplace breastfeeding policies = Law does not address barrier X = Law addresses barrier XX =Law exceeds addressing barrier

9 Federal Law Passed in 2010 with Affordable Care Act Applies to businesses with >50 employees Only applies to FLSA hourly employees Requires unpaid break time up to one year after birth Requires private space (Cannot be a bathroom) Undue hardship protection for employers Enforcement Measures NONE Minnesota Law Passed in 1998 updated in 2014 Applies to businesses with >1 employee Requires reasonable unpaid break time Private space must be shielded from view and free from intrusion (Cannot be a bathroom) Private space must include an electrical socket Undue hardship protection for employers Enforcement Measures If retaliation occurs, employees have private right of action Payment of back wages and required reinstatement can be enforced Employer fines up to $1,000 per violation Employee can file charge of discrimination with the Department of Human Rights Minnesota State Legislature S.F. 2751: Status in the Senate for the 80th Legislature ( ). Minnesota State Legislature. (January 1, 2015).

10 How Department of Labor and Industry Enforces 1. An Department of Labor and Industry (DLI) investigator receives the complaint employer must be contacted within two business days 2. DLI must follow up in writing within 24 hours by issuing a Demand for Records To obtain information on the space and time the employer provides for nursing women 3. Depending on the records received, an onsite visit may take place Only applies to locations within the Twin Cities Metro Area Areas outside the Twin Cities Metro Area must send in pictures of the space they provide for DLI to determine compliance 4. Employer must demonstrate compliance within 10 days If DLI does not gain compliance within 10 days, they will issue an Order to Comply DOL can issue a fine up to $1,000 per violation for willful or repeated acts

11 What to do if a Nursing Mother needs to file a complaint Department of Labor and Industry provides fact sheets on the website related to Nursing Mothers If a nursing mother feels her rights have been violated by her employer, she can file a complaint with the Department of Labor and Industry Labor Standards Department (651) Minnesota Department of Labor and Industry Nursing Mothers Fact Sheet. State of Minnesota.

12 QUESTIONS? THANK YOU! Alexis Russell, MPH Assistant to the Commissioner Minnesota Department of Labor and Industry