[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3110 Reported in House (RH)]
<DOC>
Union Calendar No. 75
117th CONGRESS
1st Session
H. R. 3110
[Report No. 117-102]
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
May 11, 2021
Mrs. Carolyn B. Maloney of New York (for herself, Ms. Herrera Beutler,
Ms. Roybal-Allard, Ms. Adams, and Ms. Underwood) introduced the
following bill; which was referred to the Committee on Education and
Labor
July 22, 2021
Additional sponsors: Mr. Fitzpatrick, Mr. Young, Ms. Norton, and Mr.
Bacon
July 22, 2021
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 11,
2021]
_______________________________________________________________________
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 Place.--The Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 7, by striking subsection (r);
(2) in section 15(a)--
(A) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(B) by adding at the end the following:
``(6) to violate any of the provisions of section 18D.'';
(3) in section 16(b) by striking ``7(r)'' each place the
term appears and inserting ``18D of this title''; and
(4) by inserting after section 18C the following:
``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
``(a) An employer shall provide--
``(1) a reasonable break time for an employee to express
breast milk each time such employee has need to express breast
milk for the 2-year period beginning on the date on which the
circumstances related to such need arise; and
``(2) 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.
``(b)(1) Subject to paragraph (2), an employer shall not be
required to compensate an employee receiving break time under
subsection (a)(1) for any time spent during the workday for such
purpose unless otherwise required by Federal or State law or municipal
ordinance.
``(2) Break time provided under subsection (a)(1) shall be
considered hours worked if the employee is not completely relieved from
duty during the entirety of such break.
``(c) An employer that employs fewer than 25 employees shall not be
subject to the requirements of this section, if such requirements would
impose an undue hardship by causing the employer significant difficulty
or expense when considered in relation to the size, financial
resources, nature, or structure of the employer's business.
``(d) No provision of this section or of any order thereunder shall
excuse noncompliance with any Federal or State law or municipal
ordinance that provides greater protections to employees than the
protections provided for under this section.
``(e)(1) Subject to paragraph (2), before an employee commences an
action to recover liability under section 16(b) for a violation of
paragraph (a)(2), the employee shall inform the employer of the failure
to provide adequate place and provide the employer with 10 calendar
days after such notice is provided to come into compliance with
subsection (a)(2) with respect to such employee.
``(2) Paragraph (1) shall not apply in the case that--
``(A) the employee has been discharged because the employee
has made a request for break time or place under this section
or has opposed any employer conduct related to this section; or
``(B) the employer has indicated that the employer has no
intention of complying with subsection (a)(2).
``(f) The circumstances described in subsection (a)(1) arise if an
employee--
``(1) begins providing breast milk for a nursing child; or
``(2) gives birth, including to--
``(A) a stillborn child; or
``(B) a child over whom the employee does not
retain legal custody.''.
(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) Guidance.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Labor shall issue guidance with respect
to employer compliance with section 18D of the Fair Labor Standards Act
of 1938, as amended by this Act, which shall be similar, with respect
to specific examples of compliance, to the guidance relating to
``Supporting Nursing Moms at Work'' published on the website of the
Office on Women's Health of the Department of Health and Human Services
as of such date of enactment.
SEC. 3. EFFECTIVE DATE.
(a) Expanding Access.--The amendments made under section 2(a) 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(b) shall take effect on the date of enactment of this Act.
Union Calendar No. 75
117th CONGRESS
1st Session
H. R. 3110
[Report No. 117-102]
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to expand access to
breastfeeding accommodations in the workplace, and for other purposes.
_______________________________________________________________________
July 22, 2021
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed