[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