IB 

Union Calendar No. 75 

117TH CONGRESS 

1ST SESSION H. R. 3110 

[Report No. 117–102] 

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 

MAY 11, 2021 

Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. HERRERA

BEUTLER, Ms. ROYBAL-ALLARD, Ms. ADAMS, and Ms. UNDERWOOD) introduced the following bill; which was referred to the Committee on Education and Labor 

JULY 22, 2021 

Additional sponsors: Mr. FITZPATRICK, Mr. YOUNG, Ms. NORTON, and Mr. 

BACON

JULY 22, 2021 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 11, 2021] 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 3110 RH

A BILL 

To amend the Fair Labor Standards Act of 1938 to expand 

access to breastfeeding accommodations in the workplace, 

and for other purposes. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 3110 RH

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 Mater5 nal Protections for Nursing Mothers Act’’ or the ‘‘PUMP 

6 for Nursing Mothers Act’’. 

7 SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK8 PLACE. 

9 (a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME

10 AND PLACE.—The Fair Labor Standards Act of 1938 (29 

11 U.S.C. 201 et seq.) is amended— 

12 (1) in section 7, by striking subsection (r); 

13 (2) in section 15(a)— 

14 (A) by striking the period at the end of 

15 paragraph (5) and inserting ‘‘; and’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(6) to violate any of the provisions of section 

18 18D.’’; 

19 (3) in section 16(b) by striking ‘‘7(r)’’ each place 

20 the term appears and inserting ‘‘18D of this title’’; 

21 and 

22 (4) by inserting after section 18C the following: 

23 ‘‘SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE 

24 WORKPLACE. 

25 ‘‘(a) An employer shall provide— 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 3110 RH

1 ‘‘(1) a reasonable break time for an employee to 

2 express breast milk each time such employee has need 

3 to express breast milk for the 2-year period beginning 

4 on the date on which the circumstances related to 

5 such need arise; and 

6 ‘‘(2) a place, other than a bathroom, that is 

7 shielded from view and free from intrusion from co8 workers and the public, which may be used by an em9 ployee to express breast milk. 

10 ‘‘(b)(1) Subject to paragraph (2), an employer shall 

11 not be required to compensate an employee receiving break 

12 time under subsection (a)(1) for any time spent during the 

13 workday for such purpose unless otherwise required by Fed14 eral or State law or municipal ordinance. 

15 ‘‘(2) Break time provided under subsection (a)(1) shall 

16 be considered hours worked if the employee is not completely 

17 relieved from duty during the entirety of such break. 

18 ‘‘(c) An employer that employs fewer than 25 employ19 ees shall not be subject to the requirements of this section, 

20 if such requirements would impose an undue hardship by 

21 causing the employer significant difficulty or expense when 

22 considered in relation to the size, financial resources, na23 ture, or structure of the employer’s business. 

24 ‘‘(d) No provision of this section or of any order there25 under shall excuse noncompliance with any Federal or 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 3110 RH

1 State law or municipal ordinance that provides greater 

2 protections to employees than the protections provided for 

3 under this section. 

4 ‘‘(e)(1) Subject to paragraph (2), before an employee 

5 commences an action to recover liability under section 16(b) 

6 for a violation of paragraph (a)(2), the employee shall in7 form the employer of the failure to provide adequate place 

8 and provide the employer with 10 calendar days after such 

9 notice is provided to come into compliance with subsection 

10 (a)(2) with respect to such employee. 

11 ‘‘(2) Paragraph (1) shall not apply in the case that— 

12 ‘‘(A) the employee has been discharged because 

13 the employee has made a request for break time or 

14 place under this section or has opposed any employer 

15 conduct related to this section; or 

16 ‘‘(B) the employer has indicated that the em17 ployer has no intention of complying with subsection 

18 (a)(2). 

19 ‘‘(f) The circumstances described in subsection (a)(1) 

20 arise if an employee— 

21 ‘‘(1) begins providing breast milk for a nursing 

22 child; or 

23 ‘‘(2) gives birth, including to— 

24 ‘‘(A) a stillborn child; or 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 3110 RH

1 ‘‘(B) a child over whom the employee does 

2 not retain legal custody.’’. 

3 (b) CLARIFYING REMEDIES.—Section 16(b) of the Fair 

4 Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amend5 ed by striking ‘‘15(a)(3)’’ each place the term appears and 

6 inserting ‘‘7(r) or 15(a)(3)’’. 

7 (c) GUIDANCE.—Not later than 60 days after the date 

8 of enactment of this Act, the Secretary of Labor shall issue 

9 guidance with respect to employer compliance with section 

10 18D of the Fair Labor Standards Act of 1938, as amended 

11 by this Act, which shall be similar, with respect to specific 

12 examples of compliance, to the guidance relating to ‘‘Sup13 porting Nursing Moms at Work’’ published on the website 

14 of the Office on Women’s Health of the Department of 

15 Health and Human Services as of such date of enactment. 

16 SEC. 3. EFFECTIVE DATE. 

17 (a) EXPANDING ACCESS.—The amendments made 

18 under section 2(a) shall take effect on the date that is 120 

19 days after the date of enactment of this Act. 

20 (b) REMEDIES AND CLARIFICATION.—The amend21 ments made under section 2(b) shall take effect on the date 

22 of enactment of this Act. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 75 

117TH CONGRESS 

1ST SESSION H. R. 3110 

[Report No. 117–102] 

A BILL 

To amend the Fair Labor Standards Act of 1938 

tions in the workplace, and for other purposes. to expand access to breastfeeding accommodaJULY 22, 2021 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 21:27 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H3110.RH H3110

pamtmann on DSKBC07HB2PROD with BILLS