Insight

South Carolina's New Lactation Support Act

South Carolina's New Lactation Support Act

Wade E. Ballard

Wade E. Ballard

December 21, 2022 07:16 PM

South Carolina's New Lactation Support Act

Executive Summary: South Carolina Governor Henry McMaster has signed into law the South Carolina Lactation Support Act (SC Lactation Act or the Act), which requires all South Carolina employers to provide reasonable break time, paid or unpaid, and reasonable space to workers wishing to express breast milk while at work. The Act went into effect on June 25, 2020, and by July 25, 2020, the South Carolina Human Affairs Commission (SCHAC) will post on its website compliance information related to the Act. Employers must comply with the Act within 30 days of SCHAC posting this information.

Act Specifics

Under the SC Lactation Act, employers are required to provide a reasonable amount of unpaid break time to employees wishing to express breast milk at work. Employees must also be allowed to use paid break time or meal time for such purposes, should they wish. However, an employer is not required to provide break time if doing so would create an undue hardship on its operations. The break time provided can also run concurrently with break time already provided to the employee.

The SC Lactation Act also requires employers to make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, for an employee to express breast milk in privacy. Notably, the Act does not require an employer to construct permanent, dedicated space for expressing milk.

Similar to the South Carolina Pregnancy Accommodations Act, which prohibits discrimination against pregnant women in the workplace, the SC Lactation Act prohibits employers from discriminating against employees for choosing to express breast milk in the workplace. Employees can file a charge of discrimination with SCHAC if they believe their employer has taken adverse action against them for pursuing reasonable accommodation under the Act. However, employers will be held harmless from such action if they make reasonable efforts to comply with the Act.

Relation to Federal Law

The Fair Labor Standards Act (FLSA) already requires employers to provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth.” However, this requirement only applies to non-exempt employees and does not apply to employers with fewer than 50 employees, if providing such accommodation would cause undue hardship to their operations.

In comparison, the SC Lactation Act requires employers to provide accommodation for all employees to express breast milk regardless of whether they are exempt or non-exempt. Additionally, the SC Lactation Act does not place a one-year time limit for accommodating an employee wishing to express breast milk. Thus, under the SC Lactation Act, employees requesting accommodation to express breast milk beyond one year after their child’s birth must still be provided such accommodation.

Note that a bathroom, even if private, is not a permissible location to express breast milk under the FLSA. Conversely, the SC Lactation Act would permit the provision of a private bathroom, as long as it was not a mere toilet stall in an otherwise public bathroom.

Bottom Line for Employers

South Carolina employers should be watching SCHAC’s website in the coming weeks for information related to compliance with the SC Lactation Act. Once this information is posted, employers will have 30 days to comply. Employers should thus review their lactation support policies, employee handbooks, and any other related policies to ensure compliance with the Act. Employers should also provide training to supervisors and management-level employees on the SC Lactation Act’s requirements and how best to respond to a request for accommodation related to expressing breast milk.

If you have any questions regarding this Alert, please contact the author, Wade Ballard, wballard@fordharrison.com, a partner in our Spartanburg office. You may also contact the FordHarrison attorney with whom you usually work.

Related Articles

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them

IN PARTNERSHIP

The Long, Short, Thick and Thin of It


by Avrohom Gefen

“Appearance discrimination” based on employees’ height and weight is the latest hot-button issue in employment law. Here’s a guide to avoid discrimination.

Woman stands in front of mirror holding suit jacket

IN PARTNERSHIP

Businesses Must Prepare for the New Department of Labor Independent Contractor Rule


by Kirby Black and Steven T. Clark

Two employment law lawyers explain how a new DOL rule making it more likely workers will be classified as employees, rather than independent contractors, has caused legal challenges and prompted businesses to reassess worker status and policies.

Block with outline of person slightly out of place from other blocks

The Employment Pandemic


by Meredith Caiafa and Sarah Greene

The pandemic has had far-reaching effects on employment law since it officially took hold in 2020, but the litigation and lawmaking surrounding it are mutating faster than the variants. Here’s how lawmakers and businesses can keep up.

Employment Law During COVID-19

Destiny Fulfilled


by Sara Collin

Was Angela Reddock-Wright destined to become a lawyer? It sure seems that way. Yet her path was circuitous. This accomplished employment attorney, turned mediator, arbitrator and ADR specialist nonpareil discusses her career, the role of attorneys in society, the new world of post-pandemic work and why new Supreme Court Justice Ketanji Brown Jackson represents the future.

Interview with Lawyer Angela Reddock-Wright

NYC Pay Transparency Law Gets New Start Date


by Justin Smulison

This historic law regarding pay transparency in New York City originally scheduled to take effect last week was rescheduled to Fall 2022.

NYC Stand Resolute on Pay Transparency

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Evolving Marijuana Laws and the Workplace


by Tess P. Anglin

How can employers enforce statutes that differ from state to state?

Red image of a marijuana leaf

Nina T. Pirrotti - New Haven 2020 Lawyer of the Year


by Best Lawyers

Employment Law - Individuals New Haven, Connecticut

Nina Pirrotti

WATCH: A Landmark Win for LGBTQ Rights


by Best Lawyers

Two top employment attorneys join the CEO of Best Lawyers to discuss the landmark Supreme Court ruling protecting gay and transgender employees.

Panel: LGBTQ SCOTUS Ruling

Paula Greisen - Denver 2020 Lawyer of the Year


by Best Lawyers

Litigation - Labor and Employment Denver, CO

Paula Greisen

The Best Defense Against FLSA Lawsuits for Unpaid Overtime


by Maureen E. Carr

Six strategies to avoid costly liability.

Gun shots on target practice

In the News: Georgia


by Nicole Ortiz

A summary of newsworthy content from Colorado lawyers and law firms.

In the News Georgia 2018

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky