Title: Supporting Working Mothers Act
Policy area: Labor and Employment

Summary:
Supporting Working Mothers Act
This bill extends protections for a working mother who expresses breast milk for the employee's nursing child to cover salaried employees and other types of workers not covered under existing law. Further, time spent to express breast milk must be considered hours worked if the nursing mother is also working.
The Government Accountability Office must report on the implementation and expansion of the workplace accommodations under this bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4297 Introduced in House (IH)]

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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 Representatives 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 WORKPLACE.

    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).
            (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 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.
    ``(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 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) Nothing in this section shall preempt a State law or 
municipal ordinance that provides greater protections 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 subsection 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 (except 
                        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'';
                    (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 inserting ``, 
                        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--
                    (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 effect on the date 
that is 120 days after the date of enactment 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 covered employers 
        have implemented;
            (3) the factors employers consider when making decisions on 
        the expansion of nursing accommodations and the industries that 
        face the most significant challenges in providing them; and
            (4) actions taken by the Secretary of Labor to enforce the 
        provisions of this Act.
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