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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3110 Reported in House (RH)]

<DOC>

                                                  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]

_______________________________________________________________________

                                 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 Place.--The Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
            (1) in section 7, by striking subsection (r);
            (2) in section 15(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.'';
            (3) in section 16(b) by striking ``7(r)'' each place the 
        term appears and inserting ``18D of this title''; and
            (4) by inserting after section 18C the following:

``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.

    ``(a) An employer shall provide--
            ``(1) a reasonable break time for an employee to express 
        breast milk each time such employee has need to express breast 
        milk for the 2-year period beginning on the date on which the 
        circumstances related to such need arise; 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)(1) Subject to paragraph (2), an employer shall not be 
required to compensate an employee receiving 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) Break time provided under subsection (a)(1) shall be 
considered hours worked if the employee is not completely relieved from 
duty during the entirety of such break.
    ``(c) An employer that employs fewer than 25 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) No provision of this section or of any order thereunder shall 
excuse noncompliance with any Federal or State law or municipal 
ordinance that provides greater protections to employees than the 
protections provided for under this section.
    ``(e)(1) Subject to paragraph (2), before an employee commences an 
action to recover liability under section 16(b) for a violation of 
paragraph (a)(2), the employee shall inform the employer of the failure 
to provide adequate place and provide the employer with 10 calendar 
days after such notice is provided to come into compliance with 
subsection (a)(2) with respect to such employee.
    ``(2) Paragraph (1) shall not apply in the case that--
            ``(A) the employee has been discharged because the employee 
        has made a request for break time or place under this section 
        or has opposed any employer conduct related to this section; or
            ``(B) the employer has indicated that the employer has no 
        intention of complying with subsection (a)(2).
    ``(f) The circumstances described in subsection (a)(1) arise if an 
employee--
            ``(1) begins providing breast milk for a nursing child; or
            ``(2) gives birth, including to--
                    ``(A) a stillborn child; or
                    ``(B) a child over whom the employee does not 
                retain legal custody.''.
    (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) Guidance.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Labor shall issue guidance with respect 
to employer compliance with section 18D of the Fair Labor Standards Act 
of 1938, as amended by this Act, which shall be similar, with respect 
to specific examples of compliance, to the guidance relating to 
``Supporting Nursing Moms at Work'' published on the website of the 
Office on Women's Health of the Department of Health and Human Services 
as of such date of enactment.

SEC. 3. EFFECTIVE DATE.

    (a) Expanding Access.--The amendments made under section 2(a) 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(b) shall take effect on the date of enactment of this Act.
                                                  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 to expand access to 
 breastfeeding accommodations in the workplace, and for other purposes.

_______________________________________________________________________

                             July 22, 2021

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
```