I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Providing Urgent Ma5 ternal Protections for Nursing Mothers Act’’ or the 

6 ‘‘PUMP for Nursing Mothers Act’’. 


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1 SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK2 PLACE. 

3 (a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME

4 AND SPACE.—The Fair Labor Standards Act of 1938 (29 

5 U.S.C. 201 et seq.) is amended— 

6 (1) in section 13 (29 U.S.C. 213)— 

7 (A) in subsection (a), in the matter pre8 ceding paragraph (1), by inserting ‘‘(except sec9 tion 7(r))’’ after ‘‘and 7’’; 

10 (B) in each of subsections (b), (e), (h), (i), 

11 and (j), by inserting ‘‘(except section 7(r))’’ 

12 after ‘‘provisions of section 7’’; 

13 (C) in subsection (d), by inserting ‘‘(except 

14 section 7(r))’’ after ‘‘6, 7’’; 

15 (D) in subsection (e), by striking ‘‘provi16 sions of section 7’’ each place where the term 

17 appears and inserting ‘‘provisions of section 7 

18 (except section 7(r))’’; and 

19 (E) in subsection (f), by striking ‘‘6, 7, 11, 

20 and 12’’ and inserting ‘‘6, 7 (except section 

21 7(r)), 11, and 12’’; and 

22 (2) in section 14(d) (29 U.S.C. 214(d)), by in23 serting ‘‘(except section 7(r))’’ after ‘‘7’’. 

24 (b) CLARIFYING REMEDIES.—Section 16(b) of the 

25 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 


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1 amended by striking ‘‘15(a)(3)’’ each place the term ap2 pears and inserting ‘‘7(r) or 15(a)(3)’’. 

3 (c) CLARIFYING APPLICATION OF UNPAID BREAK

4 TIME PROVISION TO HOURLY AND SALARIED WORK5 ERS.—Section 7(r)(2) of the Fair Labor Standards Act 

6 of 1938 (29 U.S.C. 207(r)(2)) is amended— 

7 (1) by striking ‘‘(2) An’’ and inserting ‘‘(2)(A) 

8 Subject to subparagraph (B), an’’; 

9 (2) by striking ‘‘work time spent’’ and inserting 

10 ‘‘time spent during the work day’’; 

11 (3) by inserting ‘‘, unless otherwise required by 

12 Federal, State, or local law’’ before the period at the 

13 end; and 

14 (4) by adding at the end the following: 

15 ‘‘(B) In the case of an employee who is compensated 

16 on an hourly basis, the employer shall compensate the em17 ployee for reasonable break time under paragraph (1) if 

18 the employee is not entirely relieved from duty during the 

19 break.’’. 

20 SEC. 3. EFFECTIVE DATE. 

21 (a) EXPANDING ACCESS.—The amendments made 

22 under subsections (a) and (b) of section 2 shall take effect 

23 on the date that is 120 days after the date of enactment 

24 of this Act. 


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1 (b) REMEDIES AND CLARIFICATION.—The amend2 ments made under section 2(c) shall take effect on the 

3 date of enactment of this Act. 

Æ 


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