Cal. Codes » Labor Code / DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION / PART 3. PRIVILEGES AND IMMUNITIES / CHAPTER 3.8. Lactation Accommodation
California Codes

Cal. Labor Code § 1033 (2026)

Lactation Accommodation

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)The denial of reasonable break time or adequate space to express milk in accordance with this chapter shall be deemed a failure to comply for purposes of Section 226.7. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98.

(b)An employer shall not discharge, or in any other manner discriminate or retaliate against, an employee for exercising or attempting to exercise any right protected under this chapter. This subdivision is not intended to limit or expand an employee’s rights pursuant to Section 98.6. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98.7.

(c)An employee may report a violation of this chapter to the Labor Commissioner’s field enforcement unit. If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation and may impose a civil penalty in the amount of one hundred dollars ($100) for each day that an employee is denied reasonable break time or adequate space to express milk in violation of this chapter. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.

(d)Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.

Notes of Decisions
Cited in 2 cases, 2014–2015 · leading case: Gonzales v. Marriott Int'l, Inc., 142 F. Supp. 3d 961 (C.D. Cal. 2015).
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Gonzales v. Marriott Int'l, Inc., 142 F. Supp. 3d 961 (C.D. Cal. 2015). · cites it 3× “See Cal. Lab. Code § 1033 (“An employer who -violates [Labor Code § 1030] shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation .”
Sanguinetti v. Forest Labs., No. A138400 (Cal. Ct. App. July 11, 2014). “), these provisions are enforceable by a civil penalty of $100 per violation (Lab. Code, § 1033). We find no statutory or case law support for a FEHA cause of action premised on an employer’s failure to accommodate lactation.”
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