I 
117TH CONGRESS 
1ST SESSION H. R. 4297 
To amend the Fair Labor Standards Act of 1938 to provide for certain 
accommodations for breastfeeding in the workplace, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2021 
Mrs. MILLER-MEEKS 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 provide 
for certain accommodations for breastfeeding 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 ‘‘Supporting Working 
Mothers Act’’. 
SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK-
PLACE. 
The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended as follows: 
(1) In section 7, by striking subsection (r). 
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(2) 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-
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. 
‘‘(2) Break time provided under subsection (a)(1) 
shall be considered hours worked if the employer requires 
the employee to engage actively in work activities during 
that time, and then only to the extent of the time spent 
on such activities. 
‘‘(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 
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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. 
‘‘(e) In the case that an employer receives notice that 
the employer is not in compliance with subsection (a), the 
employer shall be deemed not to have violated such sub-
section if the employer rectifies such violation not later 
than 30 days after the date on which the employer receives 
such notice.’’. 
(3) In section 13— 
(A) in subsection (a)— 
(i) by striking ‘‘of sections 6 (except’’ 
and all that follows through ‘‘and 7 shall’’ 
and insert ‘‘of sections 6, 7, and 18D (ex-
cept sections 6(d) and 18D in the case of 
paragraph (1) of this subsection) shall’’; 
and 
(ii) in paragraph (3), by striking ‘‘and 
7’’ and inserting ‘‘7, and 18D’’; 
(B) in subsection (b), by striking ‘‘section 
7’’ and inserting ‘‘sections 7 and 18D’’; 
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(C) in subsection (d), by inserting ‘‘18D’’ 
after ‘‘7,’’; 
(D) in subsection (e), by striking ‘‘section 
7’’ and inserting ‘‘sections 7 and 18D’’; 
(E) in subsection (f), by inserting ‘‘18D’’ 
after ‘‘7,’’; 
(F) in subsection (h)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘section 7’’ and inserting 
‘‘sections 7 and 18D’’; and 
(ii) in the matter following paragraph 
(2), by striking ‘‘or section 7’’ and insert-
ing ‘‘, section 7, or section 18D’’; 
(G) in subsection (i), by striking ‘‘section 
7’’ and inserting ‘‘sections 7 and 18D’’; and 
(H) in subsection (j), by striking ‘‘section 
7’’ and inserting ‘‘sections 7 and 18D’’. 
(4) 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.’’. 
(5) In section 16— 
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(A) by striking ‘‘section 6 or section 7’’ in 
each place it appears and inserting ‘‘sections 6, 
7, or 18D’’; 
(B) by striking ‘‘6 or 7’’ in each place it 
appears and inserting ‘‘6, 7, or 18D’’; and 
(C) by striking ‘‘6 and 7’’ in each place it 
appears and inserting ‘‘6, 7, and 18D’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made under this Act shall take ef-
fect on the date that is 120 days after the date of enact-
ment of this Act. 
SEC. 4. GAO REPORT TO CONGRESS. 
Not later than 1 year after the date of enactment, 
the Government Accountability Office shall issue a report 
to Congress evaluating the implementation and expansion 
of workplace accommodations for nursing mothers under 
this Act, with a focus on assessing— 
(1) the number of working mothers, both before 
and after the Act’s implementation, with access to 
nursing accommodations; 
(2) the types of nursing accommodations cov-
ered employers have implemented; 
(3) the factors employers consider when making 
decisions on the expansion of nursing accommoda-
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tions and the industries that face the most signifi-
cant challenges in providing them; and 
(4) actions taken by the Secretary of Labor to 
enforce the provisions of this Act. 
Æ 
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