PUMP for Nursing Mothers Act

II 116TH CONGRESS 2D SESSION S. 3170 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 JANUARY 9, 2020 Mr. MERKLEY (for himself, Ms. MURKOWSKI, Mr. BOOKER, and Ms. DUCKWORTH) introduced the following bill; which was read twice and re- ferred to the Committee on Health, Education, Labor, and Pensions 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 21:38 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3170.IS S3170 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3170 IS 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 13 (29 U.S.C. 213)— 6 (A) in subsection (a), in the matter pre- 7 ceding paragraph (1), by inserting ‘‘(except sec- 8 tion 7(r))’’ after ‘‘and 7’’; 9 (B) in each of subsections (b), (e), (h), (i), 10 and (j), by inserting ‘‘(except section 7(r))’’ 11 after ‘‘provisions of section 7’’; 12 (C) in subsection (d), by inserting ‘‘(except 13 section 7(r))’’ after ‘‘6, 7’’; 14 (D) in subsection (e), by striking ‘‘provi- 15 sions of section 7’’ each place where the term 16 appears and inserting ‘‘provisions of section 7 17 (except section 7(r))’’; and 18 (E) in subsection (f), by striking ‘‘6, 7, 11, 19 and 12’’ and inserting ‘‘6, 7 (except section 20 7(r)), 11, and 12’’; and 21 (2) in section 14(d) (29 U.S.C. 214(d)), by in- 22 serting ‘‘(except section 7(r))’’ after ‘‘7’’. 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 21:38 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3170.IS S3170 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3170 IS amended by striking ‘‘15(a)(3)’’ each place the term ap- 1 pears and inserting ‘‘7(r) or 15(a)(3)’’. 2 (c) CLARIFYING APPLICATION OF UNPAID BREAK 3 TIME PROVISION TO HOURLY AND SALARIED WORK- 4 ERS.—Section 7(r)(2) of the Fair Labor Standards Act 5 of 1938 (29 U.S.C. 207(r)(2)) is amended— 6 (1) by striking ‘‘(2) An’’ and inserting ‘‘(2)(A) 7 Subject to subparagraph (B), an’’; 8 (2) by striking ‘‘work time spent’’ and inserting 9 ‘‘time spent during the work day’’; 10 (3) by inserting ‘‘, unless otherwise required by 11 Federal, State, or local law’’ before the period at the 12 end; and 13 (4) by adding at the end the following: 14 ‘‘(B) In the case of an employee who is compensated 15 on an hourly basis, the employer shall compensate the em- 16 ployee for reasonable break time under paragraph (1) if 17 the employee is not entirely relieved from duty during the 18 break.’’. 19 SEC. 3. EFFECTIVE DATE. 20 (a) EXPANDING ACCESS.—The amendments made 21 under subsections (a) and (b) of section 2 shall take effect 22 on the date that is 120 days after the date of enactment 23 of this Act. 24 VerDate Sep 11 2014 21:38 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3170.IS S3170 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3170 IS (b) REMEDIES AND CLARIFICATION.—The amend- 1 ments made under section 2(c) shall take effect on the 2 date of enactment of this Act. 3 Æ VerDate Sep 11 2014 21:38 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3170.IS S3170 pamtmann on DSKBC07HB2PROD with BILLS