PUMP for Nursing Mothers Act

II Calendar No. 65 117TH CONGRESS 1ST SESSION S. 1658 To amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommodations in the workplace, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 17, 2021 Mr. 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, 2021 Reported by Mrs. MURRAY, with an amendment [Strike 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Providing Urgent Ma- 4 ternal Protections for Nursing Mothers Act’’ or the 5 ‘‘PUMP for Nursing Mothers Act’’. 6 VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1658 RS SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK- 1 PLACE. 2 (a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME 3 AND SPACE.—The Fair Labor Standards Act of 1938 (29 4 U.S.C. 201 et seq.) is amended— 5 (1) in section 7, by striking subsection (r); 6 (2) in section 15(a)— 7 (A) by striking the period at the end of 8 paragraph (5) and inserting ‘‘; and’’; and 9 (B) by adding at the end the following: 10 ‘‘(6) to violate any of the provisions of section 11 18D.’’; 12 (3) in section 16(b), by striking ‘‘7(r)’’ each 13 place the term appears and inserting ‘‘18D’’; and 14 (4) by inserting after section 18C the following: 15 ‘‘SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE 16 WORKPLACE. 17 ‘‘(a) IN GENERAL.—An employer shall provide— 18 ‘‘(1) a reasonable break time for an employee to 19 express breast milk for such employee’s nursing 20 child for 1 year after the child’s birth each time 21 such employee has need to express the milk; and 22 ‘‘(2) a place, other than a bathroom, that is 23 shielded from view and free from intrusion from co- 24 workers and the public, which may be used by an 25 employee to express breast milk. 26 VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1658 RS ‘‘(b) COMPENSATION.— 1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 2 an employer shall not be required to compensate an 3 employee receiving reasonable break time under sub- 4 section (a)(1) for any time spent during the workday 5 for such purpose unless otherwise required by Fed- 6 eral or State law or municipal ordinance. 7 ‘‘(2) RELIEF FROM DUTIES.—Break time pro- 8 vided under paragraph (1) shall be considered hours 9 worked if the employee is not completely relieved 10 from duty during the entirety of such break. 11 ‘‘(c) EXEMPTION.—An employer that employs less 12 than 50 employees shall not be subject to the requirements 13 of this section, if such requirements would impose an 14 undue hardship by causing the employer significant dif- 15 ficulty or expense when considered in relation to the size, 16 financial resources, nature, or structure of the employer’s 17 business. 18 ‘‘(d) LAWS PROVIDING GREATER PROTECTION.— 19 Nothing in this section shall preempt a State law or mu- 20 nicipal ordinance that provides greater protections to em- 21 ployees than the protections provided for under this sec- 22 tion.’’. 23 (b) CLARIFYING REMEDIES.—Section 16(b) of the 24 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 25 VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1658 RS amended by striking ‘‘15(a)(3)’’ each place the term ap- 1 pears and inserting ‘‘7(r) or 15(a)(3)’’. 2 SEC. 3. EFFECTIVE DATE. 3 (a) EXPANDING ACCESS.—The amendments made by 4 section 2(a) shall take effect on the date that is 120 days 5 after the date of enactment of this Act. 6 (b) REMEDIES AND CLARIFICATION.—The amend- 7 ments made by section 2(b) shall take effect on the date 8 of enactment of this Act. 9 SECTION 1. SHORT TITLE. 10 This Act may be cited as the ‘‘Providing Urgent Mater- 11 nal Protections for Nursing Mothers Act’’ or the ‘‘PUMP 12 for Nursing Mothers Act’’. 13 SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK- 14 PLACE. 15 (a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME 16 AND SPACE.—The Fair Labor Standards Act of 1938 (29 17 U.S.C. 201 et seq.) is amended— 18 (1) in section 7 (29 U.S.C. 207), by striking sub- 19 section (r); and 20 (2) by inserting after section 18C (29 U.S.C. 21 218c) the following: 22 ‘‘SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE 23 WORKPLACE. 24 ‘‘(a) IN GENERAL.—An employer shall provide— 25 VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1658 RS ‘‘(1) a reasonable break time for an employee to 1 express breast milk for such employee’s nursing child 2 for 1 year after the child’s birth each time such em- 3 ployee has need to express the milk; and 4 ‘‘(2) a place, other than a bathroom, that is 5 shielded from view and free from intrusion from co- 6 workers and the public, which may be used by an em- 7 ployee to express breast milk. 8 ‘‘(b) COMPENSATION.— 9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), an 10 employer shall not be required to compensate an em- 11 ployee receiving reasonable break time under sub- 12 section (a)(1) for any time spent during the workday 13 for such purpose unless otherwise required by Federal 14 or State law or municipal ordinance. 15 ‘‘(2) RELIEF FROM DUTIES.—Break time pro- 16 vided under paragraph (1) shall be considered hours 17 worked if the employee is not completely relieved from 18 duty during the entirety of such break. 19 ‘‘(c) EXEMPTION.—An employer that employs less than 20 50 employees shall not be subject to the requirements of this 21 section, if such requirements would impose an undue hard- 22 ship by causing the employer significant difficulty or ex- 23 pense when considered in relation to the size, financial re- 24 sources, nature, or structure of the employer’s business. 25 VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1658 RS ‘‘(d) LAWS PROVIDING GREATER PROTECTION.—Noth- 1 ing in this section shall preempt a State law or municipal 2 ordinance that provides greater protections to employees 3 than the protections provided for under this section.’’. 4 (b) CLARIFYING REMEDIES.—The Fair Labor Stand- 5 ards Act of 1938 (29 U.S.C. 201 et seq.) is amended— 6 (1) in section 15(a) (29 U.S.C. 215(a))— 7 (A) by striking the period at the end of 8 paragraph (5) and inserting ‘‘; and’’; and 9 (B) by adding at the end the following: 10 ‘‘(6) to violate any of the provisions of section 11 18D.’’; and 12 (2) in section 16(b) (29 U.S.C. 216(b)), by strik- 13 ing ‘‘15(a)(3)’’ each place the term appears and in- 14 serting ‘‘15(a)(3) or 18D’’. 15 SEC. 3. EFFECTIVE DATE. 16 (a) EXPANDING ACCESS.—The amendments made by 17 section 2(a) shall take effect on the date of enactment of 18 this Act. 19 (b) REMEDIES AND CLARIFICATION.—The amend- 20 ments made by section 2(b) shall take effect on the date that 21 is 120 days after the date of enactment of this Act. 22 VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 65 117TH CONGRESS 1ST SESSION S. 1658 A BILL To amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommoda- tions in the workplace, and for other purposes. MAY 27, 2021 Reported with an amendment VerDate Sep 11 2014 21:50 May 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1658.RS S1658 pbinns on DSKJLVW7X2PROD with BILLS