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) in-
troduced the following bill; which was referred to the Committee on Edu-
cation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Urgent Ma-
ternal Protections for Nursing Mothers Act’’ or the 
‘‘PUMP for Nursing Mothers Act’’. 
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SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK-
PLACE. 
(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, 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 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 co-
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workers 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 less than 50 employ-
ees 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) Nothing in this section shall preempt a State 
law or municipal ordinance that provides greater protec-
tions to employees than the protections provided for under 
this section.’’. 
(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 ap-
pears and inserting ‘‘7(r) or 15(a)(3)’’. 
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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 amend-
ments made under section 2(b) shall take effect on the 
date of enactment of this Act. 
Æ 
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