H.R. 3110 would amend the Fair Labor Standards Act (FLSA) to require more employers to offer employees who are nursing reasonable break times and to provide them with private lactation areas, other than restrooms, for two years after the birth of a child. The bill would extend those accommodations to groups of workers who are not now covered and would require the Department of Labor (DOL) to issue new guidance for compliance.
Section 207 of the FLSA requires employers to provide eligible employees (mostly hourly workers who are covered by the overtime rules contained in that section) unpaid break time and private lactation areas, other than restrooms, for one year after the birth of a child. Employers of fewer than 50 employees can receive an exemption if they demonstrate that compliance imposes a hardship. All federal agencies must meet similar standards.
H.R. 3110 would expand the current requirements to cover all workers who are nursing: managers and executives; professional, seasonal, and agricultural workers; and any others not currently eligible for accommodations. The bill also would extend the duration of the requirement by one year and lower the threshold for an exemption to employers with fewer than 25 employees.