There is nothing in the fact sheet or the link to which the fact sheet refers you for “more information” that illuminates any of the critical questions posed about remedies and enforcement in Jake’s “Curb Your Enthusiasm About the New Federal Workplace Pumping Law.”

There are significant legal questions about how to enforce this law against non-compliant employers, whether a women has to suffer a termination for insisting to pump in order to bring suit for reinstatement? What is the plan at DOL for enforcement? Is this fact sheet simply a sop to satisfy people who, undoubtedly as a result of commentary like Jake’s, were raising questions with their local Congressperson. Fact sheets are fine, but they are not law, regulation, or even guidance.

Jake was right about this statute when it was first publicized, because over the years she has developed not only a remarkable expertise in state laws regarding breastfeeding and workplace pumping, but also because she has a keen and skeptical approach to any law or bill that appears to be too good to be true. The language of this bill was designed to fool people. It is any lawyer’s most valuable skill in interpreting legislation to be able to identify what is worthless in new legislation.

At the end of “To Kill a Mockingbird” the nice lady, Maudy, across the street from Atticus Finch’s house tells Jem and Scout that their father is one of those people who do our unpleasant tasks for us? (If you don’t know the movie, go rent it now and watch it with the kids!) And, you know the saying that there are two things you don’t want to watch being made, sausage and legislation? Well, Jake is one of those people we rely upon to break the shrinkwrap and dissect the legislative sausage for us. It is always disgusting, and frequently illuminating. I am a practicing litigation attorney, and rely on other lawyers to do this for me. It’s that onerous!

This not a half full situation, as someone said in a prior post. For Moms who are covered by the statute,the federal glass currently is bone dry. Seek state remedies, and don’t let any state lawmaker tell you that there is a federal law that covers the issue. The federal law is crap. And, if you read Jake’s posts, the fact sheet and the one page of law that we are talking about, the conclusion that it is crap is obvious.

Whether the DOL finds a Constitutional way to put teeth in it, remains to be seen, but the fact sheet does not provide a basis for feeling optimistic about future vigorous enforcement, if such a thing is even permissible under this provision of the FSLA at all.