I 

117TH CONGRESS 

1ST SESSION H. R. 3110 

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 

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 7, by striking subsection (r); 

7 (2) in section 15(a)— 

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

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

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

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

12 18D.’’; 

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

14 place the term appears and inserting ‘‘18D of this 

15 title’’; and 

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

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

18 WORKPLACE. 

19 ‘‘(a) An employer shall provide— 

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

21 express breast milk for such employee’s nursing 

22 child for 1 year after the child’s birth each time 

23 such employee has need to express the milk; and 

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

25 shielded from view and free from intrusion from coVerDate Sep 11 2014 21:45 May 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.IH H3110

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1 workers and the public, which may be used by an 

2 employee to express breast milk. 

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

4 not be required to compensate an employee receiving break 

5 time under subsection (a)(1) for any time spent during 

6 the workday for such purpose unless otherwise required 

7 by Federal or State law or municipal ordinance. 

8 ‘‘(2) Break time provided under subsection (a)(1) 

9 shall be considered hours worked if the employee is not 

10 completely relieved from duty during the entirety of such 

11 break. 

12 ‘‘(c) An employer that employs less than 50 employ13 ees shall not be subject to the requirements of this section, 

14 if such requirements would impose an undue hardship by 

15 causing the employer significant difficulty or expense 

16 when considered in relation to the size, financial resources, 

17 nature, or structure of the employer’s business. 

18 ‘‘(d) Nothing in this section shall preempt a State 

19 law or municipal ordinance that provides greater protec20 tions to employees than the protections provided for under 

21 this section.’’. 

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

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

24 amended by striking ‘‘15(a)(3)’’ each place the term ap25 pears and inserting ‘‘7(r) or 15(a)(3)’’. 


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1 SEC. 3. EFFECTIVE DATE. 

2 (a) EXPANDING ACCESS.—The amendments made 

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

4 120 days after the date of enactment of this Act. 

5 (b) REMEDIES AND CLARIFICATION.—The amend6 ments made under section 2(b) shall take effect on the 

7 date of enactment of this Act. 

Æ 


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