[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5592 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5592
To amend the Fair Labor Standards Act of 1938 to expand access to
breastfeeding accommodations in the workplace, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2020
Mrs. Carolyn B. Maloney of New York introduced the following bill;
which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to expand access to
breastfeeding accommodations in the workplace, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Urgent Maternal
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers
Act''.
SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
(a) Expanding Employee Access to Break Time and Space.--The Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 13 (29 U.S.C. 213)--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``(except section 7(r))''
after ``and 7'';
(B) in each of subsections (b), (e), (h), (i), and
(j), by inserting ``(except section 7(r))'' after
``provisions of section 7'';
(C) in subsection (d), by inserting ``(except
section 7(r))'' after ``6, 7'';
(D) in subsection (e), by striking ``provisions of
section 7'' each place where the term appears and
inserting ``provisions of section 7 (except section
7(r))''; and
(E) in subsection (f), by striking ``6, 7, 11, and
12'' and inserting ``6, 7 (except section 7(r)), 11,
and 12''; and
(2) in section 14(d) (29 U.S.C. 214(d)), by inserting
``(except section 7(r))'' after ``7''.
(b) Clarifying Remedies.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended by striking ``15(a)(3)'' each
place the term appears and inserting ``7(r) or 15(a)(3)''.
(c) Clarifying Application of Unpaid Break Time Provision to Hourly
and Salaried Workers.--Section 7(r)(2) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 207(r)(2)) is amended--
(1) by striking ``(2) An'' and inserting ``(2)(A) Subject
to subparagraph (B), an'';
(2) by striking ``work time spent'' and inserting ``time
spent during the work day'';
(3) by inserting ``, unless otherwise required by Federal,
State, or local law'' before the period at the end; and
(4) by adding at the end the following:
``(B) In the case of an employee who is compensated on an hourly
basis, the employer shall compensate the employee for reasonable break
time under paragraph (1) if the employee is not entirely relieved from
duty during the break.''.
SEC. 3. EFFECTIVE DATE.
(a) Expanding Access.--The amendments made under subsections (a)
and (b) of section 2 shall take effect on the date that is 120 days
after the date of enactment of this Act.
(b) Remedies and Clarification.--The amendments made under section
2(c) shall take effect on the date of enactment of this Act.
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