(B)
the essential function could be performed in the near future; and
(C) the inability to perform the
essential function can be reasonably accommodated;
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.