FOR IMMEDIATE RELEASE
New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces Nurse Tabetha T. Tyndale has filed a federal civil rights lawsuit alleging Extended Managed Long Term Care disregarded her right to ‘express milk’
NEW YORK, January 14, 2019 – Today, after being terminated for asserting her legal right to ‘express milk’ Nurse Tabetha T. Tyndale announces the filing of a federal civil rights lawsuit.
According to the lawsuit, while assigned to the New York Office her former employer Extended Managed Long Term Care failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk.
Tyndale claims that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.”
Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” See 29 U.S.C. 207(r), says Tyndale.
Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the lawsuit.
Tyndale claims that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.
According to the lawsuit, Extended Managed Long Term Care as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.
Tyndale claims that Extended Managed Long Term Care as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the workplace or employee handbook or notifying the individual female employees in writing.
While assigned to the New York, Staten Island and Staten Island Satellite Offices, since March 2018, Extended Managed Long Term Care has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she experienced severe engorgement, Mastitis, emotional distress and cessation of her milk supply, according to the lawsuit.
Tyndale claims that from March 4, 2018, through June 1, 2018, since Extended Managed Long Term Care has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she had to express milk in-front of other employees, and other locations not suitable.
According to the lawsuit, on June 1, 2018, in retaliation for her complaints, Extended Managed long Term Care terminated her employment.
“The legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and we intend to hold the parties responsible for completely disregarding them,’” said lawyer Eric Sanders.
Eric Sanders, Esq., of The Sanders Firm, P.C., filed the federal complaint with the United States District Court for the Eastern District of New York, Docket No.: 19 cv 00248 on January 12, 2019.
ABOUT THE SANDERS FIRM, P.C.
The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.
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Eric Sanders, Esq.
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Business Phone: 212-652-2782