[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4297 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4297
To amend the Fair Labor Standards Act of 1938 to provide for certain
accommodations for breastfeeding in the workplace, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2021
Mrs. Miller-Meeks 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 provide for certain
accommodations for breastfeeding 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 ``Supporting Working Mothers Act''.
SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended as follows:
(1) In section 7, by striking subsection (r).
(2) 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 for such employee's nursing child for 1 year after
the child's birth each time such employee has need to express
the milk; 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.
``(2) Break time provided under subsection (a)(1) shall be
considered hours worked if the employer requires the employee to engage
actively in work activities during that time, and then only to the
extent of the time spent on such activities.
``(c) An employer that employs less than 50 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) Nothing in this section shall preempt a State law or
municipal ordinance that provides greater protections to employees than
the protections provided for under this section.
``(e) In the case that an employer receives notice that the
employer is not in compliance with subsection (a), the employer shall
be deemed not to have violated such subsection if the employer
rectifies such violation not later than 30 days after the date on which
the employer receives such notice.''.
(3) In section 13--
(A) in subsection (a)--
(i) by striking ``of sections 6 (except''
and all that follows through ``and 7 shall''
and insert ``of sections 6, 7, and 18D (except
sections 6(d) and 18D in the case of paragraph
(1) of this subsection) shall''; and
(ii) in paragraph (3), by striking ``and
7'' and inserting ``7, and 18D'';
(B) in subsection (b), by striking ``section 7''
and inserting ``sections 7 and 18D'';
(C) in subsection (d), by inserting ``18D'' after
``7,'';
(D) in subsection (e), by striking ``section 7''
and inserting ``sections 7 and 18D'';
(E) in subsection (f), by inserting ``18D'' after
``7,'';
(F) in subsection (h)--
(i) in the matter preceding paragraph (1),
by striking ``section 7'' and inserting
``sections 7 and 18D''; and
(ii) in the matter following paragraph (2),
by striking ``or section 7'' and inserting ``,
section 7, or section 18D'';
(G) in subsection (i), by striking ``section 7''
and inserting ``sections 7 and 18D''; and
(H) in subsection (j), by striking ``section 7''
and inserting ``sections 7 and 18D''.
(4) 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.''.
(5) In section 16--
(A) by striking ``section 6 or section 7'' in each
place it appears and inserting ``sections 6, 7, or
18D'';
(B) by striking ``6 or 7'' in each place it appears
and inserting ``6, 7, or 18D''; and
(C) by striking ``6 and 7'' in each place it
appears and inserting ``6, 7, and 18D''.
SEC. 3. EFFECTIVE DATE.
The amendments made under this Act shall take effect on the date
that is 120 days after the date of enactment of this Act.
SEC. 4. GAO REPORT TO CONGRESS.
Not later than 1 year after the date of enactment, the Government
Accountability Office shall issue a report to Congress evaluating the
implementation and expansion of workplace accommodations for nursing
mothers under this Act, with a focus on assessing--
(1) the number of working mothers, both before and after
the Act's implementation, with access to nursing
accommodations;
(2) the types of nursing accommodations covered employers
have implemented;
(3) the factors employers consider when making decisions on
the expansion of nursing accommodations and the industries that
face the most significant challenges in providing them; and
(4) actions taken by the Secretary of Labor to enforce the
provisions of this Act.
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