Who do I contact if my employer fails to provide the required lactation accommodation and break time in California?
If your employer fails to provide required lactation accommodation, you should contact the California Labor Commissioner's Office for missed break pay and the California Civil Rights Department for the denial of accommodation itself.
Here is a step-by-step guide on how to proceed:
Step 1: Document Everything
Keep a detailed, private log of every incident. Write down the date, time, and specific details of each time you were denied a break or provided an inadequate space. Save any emails or text messages with your supervisor or HR about your requests.
Step 2: File a Wage Claim with the Labor Commissioner
If your employer does not provide you with your lactation break, you are owed one hour of pay at your regular rate for each day a break was denied. You can file a wage claim with the California Labor Commissioner’s Office (DLSE). You generally have three years from the violation date to file. You can file the claim on the DLSE website.
Step 3: File a Complaint with the Civil Rights Department (CRD)
The failure to provide a proper lactation space or break time is also a form of discrimination. You can file a complaint with the California Civil Rights Department (CRD). You must do this within three years of the last act of discrimination. To begin, visit the CRD website and fill out an intake form.
Step 4: Consult a Private Employment Attorney
An experienced attorney can evaluate your situation, handle communications with your employer, and file claims on your behalf. This is highly recommended if you have experienced retaliation (like being fired or demoted) for requesting your rights.
Important Considerations:
Under California law, the space provided cannot be a bathroom and must be private and free from intrusion. An employer can only deny this accommodation if they can prove it would create an "undue hardship," which is a very high legal standard to meet.
Warnings and Limitations:
There are strict statutes of limitations, or deadlines, for filing these claims. If you miss a deadline, you may lose your right to take legal action. Documenting any form of retaliation is critical, as it is also illegal.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Employment Law
Worker rights, wages, and employment regulations
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