§218d — Title 29 Labor | U.S. Code

Summary

Employers must give a nursing employee reasonable break time to pump breast milk for 1 year after the child’s birth whenever the employee needs it. Employers must also provide a private place that is not a bathroom, where the employee is shielded from view and not interrupted. Breaks do not have to be paid unless other federal, state, or local law says they must. If the employee is not fully relieved of duty during the break, that 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 given their size and resources. Air carriers do not have to follow this rule for crewmembers. Rail and motorcoach employers generally must follow it, but there are exceptions for train crew members and some rail or motorcoach workers when following the rule would cause big expense or unsafe conditions; adding a curtain or screen is not considered a big expense, and using scheduled stop time on a motorcoach is allowed. Before suing over lack of a private space, an employee must tell the employer and give 10 days to fix it, unless the employee was fired for asking or the employer said they will not provide the space. Definitions: air carrier (see 49 U.S.C. 40102); crewmember (see 14 C.F.R. 1.1); employee who maintains the right of way (safety-related railroad worker per 49 U.S.C. 20102(4)(C)); rail carrier (see 213(b)(2) of this title); train crew (see chapter II, subtitle B of title 49 regs); motorcoach/motorcoach services (see Motorcoach Enhanced Safety Act); motorcoach services operator (an entity that offers motorcoach services). State or local laws that give more protection still apply.

Title 29, §218d

Labor — Source: USLM XML via OLRC

(a)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)(1)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)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)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)(1)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 11 So in original. Probably should be followed by a period.

(2)In this subsection:

(A)The term “air carrier” has the meaning given such term in section 40102 of title 49.

(B)The term “crewmember” has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).

(e)(1)Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.

(2)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)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)In this subsection:

(A)The term “employee who maintains the right of way” means an employee who is a safety-related railroad employee described in section 20102(4)(C) of title 49.

(B)The term “rail carrier” means an employer described in section 213(b)(2) of this title.

(C)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)(1)Except as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section.

(2)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)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)In this subsection:

(A)The terms “motorcoach” and “motorcoach services” have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136 note).

(B)The term “motorcoach services operator” means an entity that offers motorcoach services.

(g)(1)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)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)(1)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)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.

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).”

§218d Breastfeeding Accommodations in the Workplace

Summary

Title 29, §218d

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata