Title 29, LaborRelease 119-110
§218d Breastfeeding Accommodations in the Workplace
Title 29 › CHAPTER 8 — FAIR LABOR STANDARDS › § 218d
Summary
Employers must give nursing employees reasonable break time to pump breast milk for one year after a child is born each time they need to. Employers must also provide a private, non-bathroom space where the employee can pump that is out of view and not open to coworkers or the public. Employers do not have to pay for pump breaks unless another federal, state, or local law requires pay, or the worker is not fully relieved of duty for the whole break—in that case the time counts as hours worked. Employers with fewer than 50 employees do not have to follow these rules if doing so would cause them significant difficulty or expense. Air carrier crewmembers are exempt. Rail carriers and motorcoach operators are generally covered, but there are special limits for train crews, right-of-way workers, and employees who move motorcoaches when compliance would cause big expense or create unsafe conditions; adding a curtain or screen is not usually considered a big expense, and using scheduled stops for pumping is allowed. Before suing over a missing private space, an employee must tell the employer and give them 10 days to fix it, unless the worker was fired for requesting or the employer said they will not provide a space. Defined terms in the law include air carrier, crewmember, rail carrier, train crew, employee who maintains the right of way, and motorcoach/operator (see the cited federal regulations and statutes for exact legal meanings). State or local laws that give more protection still apply; this law does not change existing federal preemption rules in title 49.
Full Legal Text
Title 29, §218d
Labor, Source: USLM XML via OLRC
(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 subsection (a)(1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break.
(c)Exemption for small employers
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)Exemption for crewmembers of air carriers
(1)In general
An employer that is an air carrier shall not be subject to the requirements of this section with respect to an employee of such air carrier who is a crewmember
(2)Definitions
In this subsection: (A) Air carrier
(B)Crewmember
The term “crewmember” has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).
(e)Applicability to rail carriers
(1)In general
Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.
(2)Certain employees
An employer that is a rail carrier shall be subject to the requirements of this section with respect to an employee of such rail carrier who is a member of a train crew involved in the movement of a locomotive or rolling stock or who is an employee who maintains the right of way, provided that compliance with the requirements of this section does not—
(A)require the employer to incur significant expense, such as through the addition of such a member of a train crew in response to providing a break described in subsection (a)(1) to another such member of a train crew, removal or retrofitting of seats, or the modification or retrofitting of a locomotive or rolling stock; or
(B)result in unsafe conditions for an individual who is an employee who maintains the right of way.
(3)Significant expense
For purposes of paragraph (2)(A), it shall not be considered a significant expense to modify or retrofit a locomotive or rolling stock by installing a curtain or other screening protection.
(4)Definitions
In this subsection: (A) Employee who maintains the right of way
(B)Rail carrier
The term “rail carrier” means an employer described in section 213(b)(2) of this title.
(C)Train crew
The term “train crew” has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations).
(f)Applicability to motorcoach services operators
(1)In general
Except as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section.
(2)Employees who are involved in the movement of a motorcoach
An employer that is a motorcoach services operator shall be subject to the requirements of this section with respect to an employee of such motorcoach services operator who is involved in the movement of a motorcoach provided that compliance with the requirements of this section does not—
(A)require the employer to incur significant expense, such as through the removal or retrofitting of seats, the modification or retrofitting of a motorcoach, or unscheduled stops; or
(B)result in unsafe conditions for an employee of a motorcoach services operator or a passenger of a motorcoach.
(3)Significant expense
For purposes of paragraph (2)(A), it shall not be considered a significant expense—
(A)to modify or retrofit a motorcoach by installing a curtain or other screening protection if an employee requests such a curtain or other screening protection; or
(B)for an employee to use scheduled stop time to express breast milk.
(4)Definitions
In this subsection: (A) Motorcoach; motorcoach services
(B)Motorcoach services operator
The term “motorcoach services operator” means an entity that offers motorcoach services.
(g)Notification prior to commencement of action
(1)In general
Except as provided in paragraph (2), before commencing an action under section 216(b) of this title for a violation of subsection (a)(2), an employee shall—
(A)notify the employer of such employee of the failure to provide the place described in such subsection; and
(B)provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.
(2)Exceptions
Paragraph (1) shall not apply in a case in which—
(A)the employee has been discharged because the employee—
(i)has made a request for the break time or place described in subsection (a); or
(ii)has opposed any employer conduct related to this section; or
(B)the employer has indicated that the employer has no intention of providing the place described in subsection (a)(2).
(h)Interaction with State and Federal law
(1)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.
(2)No effect on title 49 preemption
This section shall have no effect on the preemption of a State law or municipal ordinance that is preempted under subtitle IV, V, or VII of title 49.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Motorcoach Enhanced Safety Act of 2012, referred to in subsec. (f)(4)(A), is subtitle G of title II of div. C of Pub. L. 112–141, which is set out as a note under section 31136 of Title 49, Transportation.
Prior Provisions
Provisions similar to those in subsecs. (a) to (c) of this section were contained in section 207(r) of this title prior to repeal by Pub. L. 117–328, § 102(a)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on Dec. 29, 2022, see section 103(a) of div. KK of Pub. L. 117–328, set out as an
Effective Date
of 2022 Amendment note under section 207 of this title. Delayed Application of Law to Employees of Rail Carriers Pub. L. 117–328, div. KK, § 103(d), Dec. 29, 2022, 136 Stat. 6096, provided that: “(1) In general.—section 18D of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d] (as added by section 102(a)) shall not apply to employees who are members of a train crew involved in the movement of a locomotive or rolling stock or who are employees who maintain the right of way of an employer that is a rail carrier until the date that is 3 years after the date of enactment of this Act [Dec. 29, 2022]. “(2) Definitions.—In this subsection:“(A) Employee; employer.—The terms ‘employee’ and ‘employer’ have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). “(B) Employees [sic] who maintains the right of way; rail carrier; train crew.—The terms ‘employee who maintains the right of way’, ‘rail carrier’, and ‘train crew’ have the meanings given such terms in section 18D(e)(4) of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d(e)(4)], as added by section 102(a).” Delayed Application of Law to Employees of Motorcoach Services Operators Pub. L. 117–328, div. KK, § 103(e), Dec. 29, 2022, 136 Stat. 6097, provided that: “(1) In general.—section 18D of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d] (as added by section 102(a)) shall not apply to employees who are involved in the movement of a motorcoach of an employer that is a motorcoach services operator until the date that is 3 years after the date of enactment of this Act [Dec. 29, 2022]. “(2) Definitions.—In this subsection:“(A) Employee; employer.—The terms ‘employee’ and ‘employer’ have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). “(B) Motorcoach; motorcoach services operator.—The terms ‘motorcoach’ and ‘motorcoach services operator’ have the meanings given such terms in section 18D(f)(4) of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d(f)(4)], as added by section 102(a).”
Reference
Citations & Metadata
Citation
29 U.S.C. § 218d
Title 29, Labor
Last Updated
Sep 23, 2026
Release point: 119-110