S. 1658 — Reported in Senate

II Calendar No. 65 117th CONGRESS 1st Session S. 1658 IN THE SENATE OF THE UNITED STATES May 17, 2021Mr. Merkley (for himself, Ms. Murkowski, Mr. Booker, Mr. Casey, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions May 27, 2021Reported by Mrs. Murray, with an amendmentStrike out all after the enacting clause and insert the part printed in italic 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. Short title This Act may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act. 2. Breastfeeding accommodations in the workplace (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; and (4) by inserting after section 18C the following: 18D. Breastfeeding accommodations in the workplace (a) In general 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) Compensation (1) In general Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable 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) Relief from duties Break time provided under paragraph (1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break. (c) Exemption 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) Laws providing greater protection 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. . (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). 3. Effective date (a) Expanding access The amendments made by 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 by section 2(b) shall take effect on the date of enactment of this Act. 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. 2. Breastfeeding accommodations in the workplace (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 (29 U.S.C. 207), by striking subsection (r); and (2) by inserting after section 18C (29 U.S.C. 218c) the following: 18D. Breastfeeding accommodations in the workplace (a) In general 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) Compensation (1) In general Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable 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) Relief from duties Break time provided under paragraph (1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break. (c) Exemption 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) Laws providing greater protection 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. . (b) Clarifying remedies The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended— (1) in section 15(a) (29 U.S.C. 215(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. ; and (2) in section 16(b) (29 U.S.C. 216(b)), by striking 15(a)(3) each place the term appears and inserting 15(a)(3) or 18D. 3. Effective date (a) Expanding access The amendments made by section 2(a) shall take effect on the date of enactment of this Act. (b) Remedies and clarification The amendments made by section 2(b) shall take effect on the date that is 120 days after the date of enactment of this Act. May 27, 2021Reported with an amendment