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29 U.S.C. § 218d — Breastfeeding accommodations in the workplace

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 218d — 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 11 So in original. Probably should be followed by a period. (2) **Definitions** — In this subsection: (A) *Air carrier* — The term “air carrier” has the meaning given such term in [section 40102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t

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Stable record: federal_law:legal_authorities:record_usc_479be5988fb89264c042b785
Source file: Laws/federal/codes/united-states-code/title-29/section-218d-breastfeeding-accommodations-in-the-workplace--a966e6e2d9.md
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Source location: Title 29, Chapter 8, § 218d; chapter-008-fair-labor-standards.md

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**(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 11 So in original. Probably should be followed by a period. (2) **Definitions** — In this subsection: (A) *Air carrier* — The term “air carrier” has the meaning given such term in [section 40102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102/4/C&num=0&edition=prelim). (B) *Rail carrier* — The term “rail carrier” means an employer described in [section 213(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/b/2&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31136&num=0&edition=prelim) 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 216(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section216/b&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 203 — Definitions

As used in this chapter— **(a)** “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. **(b)** “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. **(c)** “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. **(d)** “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. **(e)** (1) Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer. (2) In the case of an individual employed by a public agency, such term means— (A) any individual employed by the Government of the United States— (i) as a civilian in the military departments (as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim)), (ii) in any executive agency (as defined in section 105 of such title), (iii) in any unit of the judicial branch of the Government which has positions in the competitive service, (iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, (v) in the Library of Congress, or (vi) the 11 So in original. Probably should be preceded by “in”. Government Publishing Office; (B) any individual employed by the United States Postal Service or the Postal Regulatory Commi

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40102 — Definitions

**(a) General Definitions.—** In this part— (1) “aeronautics” means the science and art of flight. (2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. (3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce. (4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including— (A) a landing area; (B) runway lighting and airport surface visual and other navigation aids; (C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft; (D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; (E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and (F) buildings, equipment, and systems dedicated to the national airspace system. (5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. (6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air. (7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller. (8) “airman” means an individual— (A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; (B) exce

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31136 — United States Government regulations

**(a) Minimum Safety Standards.—** Subject to [section 30103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30103/a&num=0&edition=prelim), the Secretary of Transportation shall prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that— (1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and, after the national registry maintained by the Department of Transportation under section 31149(d) is established, are listed on such registry; (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators; and (5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title. **(b) Eliminating and Amending Existing Regulations.—** The Secretary may not eliminate or amend an existing motor carrier safety regulation related only to the maintenance, equipment, loading, or operation (including routing) of vehicles carrying material found to be hazardous under [section 5103 of

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 207 — Maximum hours

**(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions** (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966— (A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, (B) for a workweek longer than forty-two hours during the second year from such date, or (C) for a workweek longer than forty hours after the expiration of the second year from such date, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. **(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products** No employer shall be deemed to have violated subsection

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 201 — Short title

This chapter may be cited as the “Fair Labor Standards Act of 1938”.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 215 — Prohibited acts; prima facie evidence

**(a)** After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— (1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or [section 207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim), or in violation of any regulation or order of the Secretary issued under [section 214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section214&num=0&edition=prelim); except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful; (2) to violate any of the provisions of section 206 or [section 207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim), or any of the provisions of any regulation or order of the Secretary issued under [section 214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 218d — Breastfeeding accommodations in the

Page 109 TITLE 29—LABOR § 218d 1 See References in Text note below. 1 So in original. Probably should be followed by a period. Editorial Notes AMENDMENTS 2011—Subsec. (a)(3). Pub. L. 112–10 struck out ‘‘and the employer does not offer a free choice voucher’’ after ‘‘Exchange’’. 2010—Subsec. (a)(3). Pub. L. 111–148, § 10108(i)(2), in- serted ‘‘and the employer does not offer a free choice voucher’’ after ‘‘Exchange’’ and substituted ‘‘may lose’’ for ‘‘will lose’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–10 effective as if included in the provisions of, and the amendments made by, the provisions of Pub. L. 111–148 to which it relates, see sec- tion 1858(d) of Pub. L. 112–10, set out as a note under section 36B of Title 26, Internal Revenue Code. § 218c. Protections for employees (a) Prohibition No employer shall discharge or in any manner discriminate against any employee with respect to his or her compensation, terms, conditions, or other privileges of employment because the em- ployee (or an individual acting at the request of the employee) has— (1) received a credit under section 36B of title 26 or a subsidy under section 18071 of title 42; 1 (2) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the at- torney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this title 1 (or an amend- ment made by this title); 1 (3) testified or is about to testify in a pro- ceeding concerning such violation; (4) assisted or participated, or is about to as- sist or participate, in such a proceeding; or (5) objected to,

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31136 — United States Government regulations

Page 861 TITLE 49—TRANSPORTATION § 31136 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31135 .......... 49 App.:2504. Oct. 30, 1984, Pub. L. 98–554, § 205, 98 Stat. 2834. Editorial Notes REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–141 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘If the Secretary finds that an officer of a motor carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or oth- erwise concealing noncompliance, with regulations on commercial motor vehicle safety prescribed under this subchapter, while serving as an officer of any motor carrier, the Secretary may suspend, amend, or revoke any part of the motor carrier’s registration under sec- tion 13905.’’ 2005—Pub. L. 109–59 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 31136. United States Government regulations (a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a) of this title, the Secretary of Transportation shall prescribe regulations on commercial motor vehicle safety. The regula- tions shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that— (1) commercial motor vehicles are main- tained

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