Text: H.R.5592 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (01/13/2020)


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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