II
Calendar No. 65
117th CONGRESS
1st Session
S. 1658
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.
Short title
This Act may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act
or the PUMP for Nursing Mothers Act
.
Breastfeeding accommodations in the workplace
Expanding employee access to break time and space
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
in section 7, by striking subsection (r);
in section 15(a)—
by striking the period at the end of paragraph (5) and inserting ; and
; and
by adding at the end the following:
to violate any of the provisions of section 18D.
;
in section 16(b), by striking 7(r)
each place the term appears and inserting 18D
; and
by inserting after section 18C the following:
Breastfeeding accommodations in the workplace
In general
An employer shall provide—
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
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.
Compensation
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.
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.
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.
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.
.
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)
.
Effective date
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.
Remedies and clarification
The amendments made by section 2(b) shall take effect on the date of enactment of this Act.
Short title
This Act may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act
or the PUMP for Nursing Mothers Act
.
Breastfeeding accommodations in the workplace
Expanding employee access to break time and space
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
in section 7 (29 U.S.C. 207), by striking subsection (r); and
by inserting after section 18C (29 U.S.C. 218c) the following:
Breastfeeding accommodations in the workplace
In general
An employer shall provide—
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
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.
Compensation
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.
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.
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.
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.
.
Clarifying remedies
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
in section 15(a) (29 U.S.C. 215(a))—
by striking the period at the end of paragraph (5) and inserting ; and
; and
by adding at the end the following:
to violate any of the provisions of section 18D.
; and
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
.
Effective date
Expanding access
The amendments made by section 2(a) shall take effect on the date of enactment of this Act.
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, 2021
Reported with an amendment