Budget Bill Enacts Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act

On December 29, President Biden signed a new budget bill and it contained two new statutes of interest to employers and employees.    In 180 days, the Pregnant Workers Fairness Act will essentially apply the ADA to pregnant employees (who would not otherwise be considered disabled) and require employers to provide them with reasonable accommodations (other than a paid or unpaid leave of absence) to enable them to continue working.    The Providing Urgent Maternal Protections for Nursing Mothers Act (or PUMP Act) immediately amends the FLSA and requires most employers with at least 50 employees to provide a private space (other than a restroom) where a new mother can express milk during unpaid breaks (if the employee is completely relieved of working during such breaks) for one year after the birth of a child.  The PUMP Act has already been applicable to most large employers.  The full text of both statutes are included below.

The key provisions of the PWFA are as follows:

·        => It incorporates the requirements into Title VII and follows Title VII remedies;

·        => It applies to both employees and applicants;

·         => It is a violation of the statute for an employer to

o   “not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;

o   require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process;

o   deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee;

o   require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee; or

o   take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.

·          => As with most employment statute, employers may not retaliate against an employee who exercises her rights under this statute.

·             =>  If an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this division or regulations implementing this division, damages may not be awarded under section 1977A of the Revised Statutes (42 U.S.C. 1981a) if the covered entity demonstrates good faith efforts, in consultation with the employee with known limitations related to pregnancy, childbirth, or related medical conditions who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship on the operation of the covered entity.

·       => The EEOC is directed to publish regulations clarifying the requirements within one year.

·        => Undue hardship and reasonable accommodation have the same meaning as in the ADA and the parties are required to engage in an interactive process to determine an effective accommodation;

·       => The term ``known limitation'' means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee's representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12102);

·         =>   The term ``qualified employee'' means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if--

(A) any inability to perform an essential function is for a temporary period;

              (B) the essential function could be performed in the near future; and

(C) the inability to perform the essential function can be reasonably accommodated;

·            => The statute intends to abrogate the States’ 11th Amendment immunity from damages:  

A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this division. In any action against a State for a violation of this division, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

The key provisions of the PUMP Act are as follows:

• Employers are required to 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.
• Generally, employers are not required to compensate an employee receiving reasonable break time for any time spent during the workday for such purpose unless otherwise required by Federal or State law or municipal ordinance (i.e., paid on a salary basis).
• Break time shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break.
• There is an exemption for small employers with fewer than 50 employees “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.”
• There are exemptions for air carriers and special rules for rail carriers.
• Unlike other federal employment statutes, there is a requirement prior to filing a lawsuit that the employee give the employer at least 10 days notice and opportunity to cure unless the employer fired the employee for requesting a break to express milk in a private place or the employer indicated that it has no intention of complying with such a request. 

For those of you who delight in the nitty gritty:  Here are the sections of the budget bill which pertain to these new statutes:  

DIVISION II--PREGNANT WORKERS

 

    SEC. 101. SHORT TITLE.

    This division may be cited as the ``Pregnant Workers Fairness

Act''.

    SEC. 102. DEFINITIONS.

    As used in this division--

        (1) the term ``Commission'' means the Equal Employment  Opportunity Commission;

        (2) the term ``covered entity''--

            (A) has the meaning given the term ``respondent'' in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(n)); and

            (B) includes--

                (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b));

                (ii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code;

                (iii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); and

                (iv) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies;

        (3) the term ``employee'' means--

            (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C.  2000e(f));

            (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995  (2 U.S.C. 1301), and an individual described in section 201(d) of that Act (2 U.S.C. 1311(d));

            (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code;

            (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or

            (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies;

        (4) the term ``known limitation'' means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee's representative has communicated to the employer whether  or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);

        (5) the term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a));

        (6) the term ``qualified employee'' means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if--

            (A) any inability to perform an essential function is for a temporary period;

            (B) the essential function could be performed in the near future; and

            (C) the inability to perform the essential function can be reasonably accommodated; and

        (7) the terms ``reasonable accommodation'' and ``undue hardship'' have the meanings given such terms in section 101 of the  Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms are construed under such Act and as set forth in the regulations required by this division, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.

    SEC. 103. NONDISCRIMINATION WITH REGARD TO REASONABLE

      ACCOMMODATIONS RELATED TO PREGNANCY.

    It shall be an unlawful employment practice for a covered entity

to--

        (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the  operation of the business of such covered entity;

        (2) require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in section 102(7);

        (3) deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of the    qualified employee;

        (4) require a qualified employee to take leave, whether paid or  unpaid, if another reasonable accommodation can be provided to the  known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee; or

        (5) take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related    medical conditions of the employee.

    SEC. 104. REMEDIES AND ENFORCEMENT.

    (a) Employees Covered by Title VII of the Civil Rights Act of 1964.--

        (1) In general.--The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights  Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the Commission, the Attorney General, or any person alleging a violation of title VII of such Act (42 U.S.C. 2000e et seq.) shall be the powers,  remedies, and procedures this division provides to the Commission, the Attorney General, or any person, respectively, alleging an  unlawful employment practice in violation of this division against an employee described in section 102(3)(A) except as provided in  paragraphs (2) and (3) of this subsection.

        (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this division provides to the Commission, the Attorney General, or any person alleging such practice.

        (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this division   provides to the Commission, the Attorney General, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).

    (b) Employees Covered by Congressional Accountability Act of 1995.--

        (1) In general.--The powers, remedies, and procedures provided

    in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et

    seq.) for the purposes of addressing allegations of violations of

    section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) shall be the

    powers, remedies, and procedures this division provides to address

    an allegation of an unlawful employment practice in violation of

    this division against an employee described in section 102(3)(B),

    except as provided in paragraphs (2) and (3) of this subsection.

        (2) Costs and fees.--The powers, remedies, and procedures

    provided in subsections (b) and (c) of section 722 of the Revised

    Statutes (42 U.S.C. 1988) for the purposes of addressing

    allegations of such a violation shall be the powers, remedies, and

    procedures this division provides to address allegations of such

    practice.

        (3) Damages.--The powers, remedies, and procedures provided in

    section 1977A of the Revised Statutes (42 U.S.C. 1981a), including

    the limitations contained in subsection (b)(3) of such section

    1977A, for purposes of addressing allegations of such a violation,

    shall be the powers, remedies, and procedures this division

    provides to address any allegation of such practice (not an

    employment practice specifically excluded from coverage under

    section 1977A(a)(1) of the Revised Statutes (42 U.S.C.

    1981a(a)(1))).

    (c) Employees Covered by Chapter 5 of Title 3, United States

Code.--

        (1) In general.--The powers, remedies, and procedures provided

    in chapter 5 of title 3, United States Code, to the President, the

    Commission, the Merit Systems Protection Board, or any person

    alleging a violation of section 411(a)(1) of such title shall be

    the powers, remedies, and procedures this division provides to the

    President, the Commission, the Board, or any person, respectively,

    alleging an unlawful employment practice in violation of this

    division against an employee described in section 102(3)(C), except

    as provided in paragraphs (2) and (3) of this subsection.

        (2) Costs and fees.--The powers, remedies, and procedures

    provided in subsections (b) and (c) of section 722 of the Revised

    Statutes (42 U.S.C. 1988) shall be the powers, remedies, and

    procedures this division provides to the President, the Commission,

    the Board, or any person alleging such practice.

        (3) Damages.--The powers, remedies, and procedures provided in

    section 1977A of the Revised Statutes (42 U.S.C. 1981a), including

    the limitations contained in subsection (b)(3) of such section

    1977A, shall be the powers, remedies, and procedures this division

    provides to the President, the Commission, the Board, or any person

    alleging such practice (not an employment practice specifically

    excluded from coverage under section 1977A(a)(1) of the Revised

    Statutes (42 U.S.C. 1981a(a)(1))).

    (d) Employees Covered by Government Employee Rights Act of 1991.--

        (1) In general.--The powers, remedies, and procedures provided

    in sections 302 and 304 of the Government Employee Rights Act of

    1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the Commission or any

    person alleging a violation of section 302(a)(1) of such Act (42

    U.S.C. 2000e-16b(a)(1)) shall be the powers, remedies, and

    procedures this division provides to the Commission or any person,

    respectively, alleging an unlawful employment practice in violation

    of this division against an employee described in section

    102(3)(D), except as provided in paragraphs (2) and (3) of this

    subsection.

        (2) Costs and fees.--The powers, remedies, and procedures

    provided in subsections (b) and (c) of section 722 of the Revised

    Statutes (42 U.S.C. 1988) shall be the powers, remedies, and

    procedures this division provides to the Commission or any person

    alleging such practice.

        (3) Damages.--The powers, remedies, and procedures provided in

    section 1977A of the Revised Statutes (42 U.S.C. 1981a), including

    the limitations contained in subsection (b)(3) of such section

    1977A, shall be the powers, remedies, and procedures this division

    provides to the Commission or any person alleging such practice

    (not an employment practice specifically excluded from coverage

    under section 1977A(a)(1) of the Revised Statutes (42 U.S.C.

    1981a(a)(1))).

    (e) Employees Covered by Section 717 of the Civil Rights Act of

1964.--

        (1) In general.--The powers, remedies, and procedures provided

    in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16)

    to the Commission, the Attorney General, the Librarian of Congress,

    or any person alleging a violation of that section shall be the

    powers, remedies, and procedures this division provides to the

    Commission, the Attorney General, the Librarian of Congress, or any

    person, respectively, alleging an unlawful employment practice in

    violation of this division against an employee described in section

    102(3)(E), except as provided in paragraphs (2) and (3) of this

    subsection.

        (2) Costs and fees.--The powers, remedies, and procedures

    provided in subsections (b) and (c) of section 722 of the Revised

    Statutes (42 U.S.C. 1988) shall be the powers, remedies, and

    procedures this division provides to the Commission, the Attorney

    General, the Librarian of Congress, or any person alleging such

    practice.

        (3) Damages.--The powers, remedies, and procedures provided in

    section 1977A of the Revised Statutes (42 U.S.C. 1981a), including

    the limitations contained in subsection (b)(3) of such section

    1977A, shall be the powers, remedies, and procedures this division

    provides to the Commission, the Attorney General, the Librarian of

    Congress, or any person alleging such practice (not an employment

    practice specifically excluded from coverage under section

    1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).

    (f) Prohibition Against Retaliation.--

        (1) In general.--No person shall discriminate against any  employee because such employee has opposed any act or practice made unlawful by this division or because such employee made a charge, testified, assisted, or participated in any manner in an  investigation, proceeding, or hearing under this division.

        (2) Prohibition against coercion.--It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual  having aided or encouraged any other individual in the exercise or  enjoyment of, any right granted or protected by this division. 

 

       (3) Remedy.--The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection.

    (g) Limitation.--Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this division or regulations implementing this division, damages may not be awarded under section 1977A of the Revised Statutes (42 U.S.C. 1981a) if the covered entity demonstrates good faith efforts, in consultation with the employee with known limitations related to pregnancy, childbirth, or related medical conditions who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship on the operation of the covered entity.

    SEC. 105. RULEMAKING.

    (a) EEOC Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this division. Such regulations shall provide examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions.

    (b) OCWR Rulemaking.--

        (1) In general.--Not later than 6 months after the Commission

    issues regulations under subsection (a), the Board (as defined in

    section 101 of the Congressional Accountability Act of 1995 (2

    U.S.C. 1301)) shall (in accordance with section 304 of the

    Congressional Accountability Act of 1995 (2 U.S.C. 1384)), issue

    regulations to implement the provisions of this division made

    applicable to employees described in section 102(3)(B), under

    section 104(b).

        (2) Parallel with agency regulations.--The regulations issued

    under paragraph (1) shall be the same as substantive regulations

    issued by the Commission under subsection (a) except to the extent

    that the Board may determine, for good cause shown and stated

    together with the regulations issued under paragraph (1) that a

    modification of such substantive regulations would be more

    effective for the implementation of the rights and protection under

    this division.

    SEC. 106. WAIVER OF STATE IMMUNITY.

    A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this division. In any action against a State for a violation of this division, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

    SEC. 107. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Nothing in this division shall be construed-- 

       (1) to invalidate or limit the powers, remedies, and procedures     under any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions; or

        (2) by regulation or otherwise, to require an employer- sponsored health plan to pay for or cover any particular item, procedure, or treatment or to affect any right or remedy available under any other Federal, State, or local law with respect to any such payment or coverage requirement.

    (b) Rule of Construction.--This division is subject to the applicability to religious employment set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a)).

    SEC. 108. SEVERABILITY.

    If any provision of this division or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this division and the application of that provision to other persons or circumstances shall not be affected.

    SEC. 109. EFFECTIVE DATE.

    This division shall take effect on the date that is 180 days after the date of enactment of this Act.

 

DIVISION KK--PUMP FOR NURSING MOTHERS ACT

 

    SEC. 101. SHORT TITLE.

    This division may be cited as the ``Providing Urgent Maternal Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers Act''.

    SEC. 102. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.

    (a) Expanding Employee Access to Break Time and Space.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--

        (1) in section 7 (29 U.S.C. 207), by striking subsection (r);

    and

        (2) by inserting after section 18C (29 U.S.C. 218c) the   following:

    ``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.

    ``(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.--The term `air carrier' has the meaning given such term in section 40102 of title 49, United States  Code.

            ``(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.--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, United States Code.

            ``(B) Rail carrier.--The term `rail carrier' means an

        employer described in section 13(b)(2).

            ``(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.--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) 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 16(b) 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, United States Code.''.

    (b) Clarifying Remedies.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--

        (1) in section 15(a) (29 U.S.C. 215(a))--

            (A) by striking the period at the end of paragraph (5) and

        inserting ``; and''; and

            (B) by adding at the end the following:

        ``(6) to violate any of the provisions of section 18D.''; and 

 (2) 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''.

    (c) Authorizing Employees to Temporarily Obscure the Field of View of an Image Recording Device on a Locomotive or Rolling Stock While Expressing Breast Milk.--Section 20168(f) of title 49, United States Code, is amended--

        (1) by striking ``A railroad carrier'' and inserting the

    following:

        ``(1) In general.--Except as provided in paragraph (2), a

    railroad carrier''; and

        (2) by adding at the end the following:

        ``(2) Temporarily obscuring field of view of an image recording

    device while expressing breast milk.--

            ``(A) In general.--For purposes of expressing breast milk,

        an employee may temporarily obscure the field of view of an

        image recording device required under this section if the

        passenger train on which such device is installed is not in

        motion.

            ``(B) Resuming operation.--The crew of a passenger train on

        which an image recording device has been obscured pursuant to

        subparagraph (A) shall ensure that such image recording device

        is no longer obscured immediately after the employee has

        finished expressing breast milk and before resuming operation

        of the passenger train.''.

    SEC. 103. EFFECTIVE DATE.

    (a) Expanding Access.--The amendments made by section 102(a) shall take effect on the date of enactment of this Act.

    (b) Remedies and Clarification.--The amendments made by section 102(b) shall take effect on the date that is 120 days after the date of enactment of this Act.

    (c) Authorizing Employees to Temporarily Obscure the Field of View

of an Image Recording Device on a Locomotive or Rolling Stock While

Expressing Breast Milk.--The amendments made by section 102(c) shall

take effect on the date of enactment of this Act.

    (d) Application of Law to Employees of Rail Carriers.--

        (1) In general.--Section 18D of the Fair Labor Standards Act of

    1938 (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.

        (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 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, as added by section 102(a).

    (e) Application of Law to Employees of Motorcoach Services

Operators.--

        (1) In general.--Section 18D of the Fair Labor Standards Act of

    1938 (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.

        (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, as added by section 102(a).

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.