I
116th CONGRESS
2d Session
H. R. 5592
IN THE HOUSE OF REPRESENTATIVES
January 13, 2020
Mrs. Carolyn B. Maloney of New York 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 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 13 (29 U.S.C. 213)—
in subsection (a), in the matter preceding paragraph (1), by inserting (except section 7(r))
after and 7
;
in each of subsections (b), (e), (h), (i), and (j), by inserting (except section 7(r))
after provisions of section 7
;
in subsection (d), by inserting (except section 7(r))
after 6, 7
;
in subsection (e), by striking provisions of section 7
each place where the term appears and inserting provisions of section 7 (except section 7(r))
; and
in subsection (f), by striking 6, 7, 11, and 12
and inserting 6, 7 (except section 7(r)), 11, and 12
; and
in section 14(d) (29 U.S.C. 214(d)), by inserting (except section 7(r))
after 7
.
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)
.
Clarifying application of unpaid break time provision to hourly and salaried workers
Section 7(r)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(r)(2)) is amended—
by striking (2) An
and inserting (2)(A) Subject to subparagraph (B), an
;
by striking work time spent
and inserting time spent during the work day
;
by inserting , unless otherwise required by Federal, State, or local law
before the period at the end; and
by adding at the end the following:
In the case of an employee who is compensated on an hourly basis, the employer shall compensate the employee for reasonable break time under paragraph (1) if the employee is not entirely relieved from duty during the break.
.
Effective date
Expanding access
The amendments made under subsections (a) and (b) of section 2 shall take effect on the date that is 120 days after the date of enactment of this Act.
Remedies and clarification
The amendments made under section 2(c) shall take effect on the date of enactment of this Act.
