Robert Bernstein Comments on Provisions for Nursing Mothers Contained in Healthcare Legislation

Attorney Robert Bernstein of the Princeton and St. Louis offices was mentioned in the New Jersey Star Ledger on the provisions for nursing mothers in the recent healthcare legislation.

Health reform bill mandates firms create a space for moms who breastfeed

"But where the law might get tricky is payment, said Robert Bernstein, a partner at Constangy, Brooks & Smith, a law firm that counsels employers.

It doesn’t require employers to pay women for pumping breaks and doesn’t specify how long the breaks should be. Firms could be vulnerable to discrimination lawsuits if they allow smokers to take paid breaks, for example, but don’t pay a woman while she pumps. "