[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1658 Reported in Senate (RS)]
<DOC>
Calendar No. 65
117th CONGRESS
1st Session
S. 1658
To amend the Fair Labor Standards Act of 1938 to expand access to
breastfeeding accommodations in the workplace, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2021
Mr. Merkley (for himself, Ms. Murkowski, Mr. Booker, Mr. Casey, and Ms.
Duckworth) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
May 27, 2021
Reported by Mrs. Murray, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Providing Urgent Maternal
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers
Act''.</DELETED>
<DELETED>SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE
WORKPLACE.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in section 7, by striking subsection
(r);</DELETED>
<DELETED> (2) in section 15(a)--</DELETED>
<DELETED> (A) by striking the period at the end of
paragraph (5) and inserting ``; and''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(6) to violate any of the provisions of section
18D.'';</DELETED>
<DELETED> (3) in section 16(b), by striking ``7(r)'' each
place the term appears and inserting ``18D''; and</DELETED>
<DELETED> (4) by inserting after section 18C the
following:</DELETED>
<DELETED>``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE
WORKPLACE.</DELETED>
<DELETED> ``(a) In General.--An employer shall provide--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Compensation.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), an
employer shall not be required to compensate an employee
receiving reasonable 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.</DELETED>
<DELETED> ``(2) Relief from duties.--Break time provided
under paragraph (1) shall be considered hours worked if the
employee is not completely relieved from duty during the
entirety of such break.</DELETED>
<DELETED> ``(c) Exemption.--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.</DELETED>
<DELETED> ``(d) Laws Providing Greater Protection.--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.''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>
<DELETED> (a) Expanding Access.--The amendments made by section 2(a)
shall take effect on the date that is 120 days after the date of
enactment of this Act.</DELETED>
<DELETED> (b) Remedies and Clarification.--The amendments made by
section 2(b) shall take effect on the date of enactment of this
Act.</DELETED>
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 7 (29 U.S.C. 207), by striking subsection
(r); and
(2) by inserting after section 18C (29 U.S.C. 218c) the
following:
``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
``(a) In General.--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) Compensation.--
``(1) In general.--Subject to paragraph (2), an employer
shall not be required to compensate an employee receiving
reasonable 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) Relief from duties.--Break time provided under
paragraph (1) shall be considered hours worked if the employee
is not completely relieved from duty during the entirety of
such break.
``(c) Exemption.--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) Laws Providing Greater Protection.--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.''.
(b) Clarifying Remedies.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended--
(1) in section 15(a) (29 U.S.C. 215(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.'';
and
(2) in section 16(b) (29 U.S.C. 216(b)), by striking
``15(a)(3)'' each place the term appears and inserting
``15(a)(3) or 18D''.
SEC. 3. EFFECTIVE DATE.
(a) Expanding Access.--The amendments made by section 2(a) shall
take effect on the date of enactment of this Act.
(b) Remedies and Clarification.--The amendments made by section
2(b) shall take effect on the date that is 120 days after the date of
enactment of this Act.
Calendar No. 65
117th CONGRESS
1st Session
S. 1658
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to expand access to
breastfeeding accommodations in the workplace, and for other purposes.
_______________________________________________________________________
May 27, 2021
Reported with an amendment