[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3170 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3170

   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

                            January 9, 2020

Mr. Merkley (for himself, Ms. Murkowski, Mr. Booker, and Ms. Duckworth) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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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