{"identifier":"/us/usc/t29/s218d","title":29,"num":"\u00a7\u202f218d.","heading":"Breastfeeding accommodations in the workplace","text":"\u00a7\u202f218d.\nBreastfeeding accommodations in the workplace\n(a)\nIn general\nAn employer shall provide\u2014\n(1) a reasonable break time for an employee to express breast milk for such employee\u2019s nursing child for 1 year after the child\u2019s birth each time such employee has need to express the milk; and\n(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.\n(b)\nCompensation\n(1)\nIn general\nSubject 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.\n(2)\nRelief from duties\nBreak 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.\n(c)\nExemption for small employers\nAn 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\u2019s business.\n(d)\nExemption for crewmembers of air carriers\n(1)\nIn general\nAn 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\n1\n1 So in original. Probably should be followed by a period.\n(2)\nDefinitions\nIn this subsection:\n(A)\nAir carrier\nThe term \u201cair carrier\u201d has the meaning given such term in\nsection 40102 of title 49\n(B)\nCrewmember\nThe term \u201ccrewmember\u201d has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).\n(e)\nApplicability to rail carriers\n(1)\nIn general\nExcept as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.\n(2)\nCertain employees\nAn 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\u2014\n(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\n(B) result in unsafe conditions for an individual who is an employee who maintains the right of way.\n(3)\nSignificant expense\nFor 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.\n(4)\nDefinitions\nIn this subsection:\n(A)\nEmployee who maintains the right of way\nThe term \u201cemployee who maintains the right of way\u201d means an employee who is a safety-related railroad employee described in\nsection 20102(4)(C) of title 49\n(B)\nRail carrier\nThe term \u201crail carrier\u201d means an employer described in\nsection 213(b)(2) of this title\n(C)\nTrain crew\nThe term \u201ctrain crew\u201d has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations).\n(f)\nApplicability to motorcoach services operators\n(1)\nIn general\nExcept as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section.\n(2)\nEmployees who are involved in the movement of a motorcoach\nAn 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\u2014\n(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\n(B) result in unsafe conditions for an employee of a motorcoach services operator or a passenger of a motorcoach.\n(3)\nSignificant expense\nFor purposes of paragraph (2)(A), it shall not be considered a significant expense\u2014\n(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\n(B) for an employee to use scheduled stop time to express breast milk.\n(4)\nDefinitions\nIn this subsection:\n(A)\nMotorcoach; motorcoach services\nThe terms \u201cmotorcoach\u201d and \u201cmotorcoach services\u201d have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (\n49 U.S.C. 31136\n(B)\nMotorcoach services operator\nThe term \u201cmotorcoach services operator\u201d means an entity that offers motorcoach services.\n(g)\nNotification prior to commencement of action\n(1)\nIn general\nExcept as provided in paragraph (2), before commencing an action under\n(A) notify the employer of such employee of the failure to provide the place described in such subsection; and\n(B) provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.\n(2)\nExceptions\nParagraph (1) shall not apply in a case in which\u2014\n(A) the employee has been discharged because the employee\u2014\n(i) has made a request for the break time or place described in subsection (a); or\n(ii) has opposed any employer conduct related to this section; or\n(B) the employer has indicated that the employer has no intention of providing the place described in subsection (a)(2).\n(h)\nInteraction with State and Federal law\n(1)\nLaws providing greater protection\nNothing 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.\n(2)\nNo effect on title 49 preemption\nThis 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.","url":"https://projectusc.org/usc/t29/s218d.html","content":[{"t":"sec","id":"/us/usc/t29/s218d","children":[{"t":"num","text":"\u00a7\u202f218d."},{"t":"heading","text":"Breastfeeding accommodations in the workplace"},{"t":"subsec","id":"/us/usc/t29/s218d/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"An employer shall provide\u2014"},{"t":"para","id":"/us/usc/t29/s218d/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" a reasonable break time for an employee to express breast milk for such employee\u2019s nursing child for 1 year after the child\u2019s birth each time such employee has need to express the milk; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t29/s218d/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Compensation"},{"t":"para","id":"/us/usc/t29/s218d/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Relief from duties"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t29/s218d/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Exemption for small employers"},{"t":"content","children":[{"t":"p","text":"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\u2019s business.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t29/s218d/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Exemption for crewmembers of air carriers"},{"t":"para","id":"/us/usc/t29/s218d/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be followed by a period."},{"t":"text","text":"\u202fSo in original. Probably should be followed by a period."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this subsection:"},{"t":"subpara","id":"/us/usc/t29/s218d/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Air carrier"},{"t":"content","children":[{"t":"p","text":"The term \u201cair carrier\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 40102 of title 49","href":"/us/usc/t49/s40102","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Crewmember"},{"t":"content","children":[{"t":"p","text":"The term \u201ccrewmember\u201d has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t29/s218d/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Applicability to rail carriers"},{"t":"para","id":"/us/usc/t29/s218d/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Certain employees"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t29/s218d/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" result in unsafe conditions for an individual who is an employee who maintains the right of way.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Significant expense"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this subsection:"},{"t":"subpara","id":"/us/usc/t29/s218d/e/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Employee who maintains the right of way"},{"t":"content","children":[{"t":"p","text":"The term \u201cemployee who maintains the right of way\u201d means an employee who is a safety-related railroad employee described in ","children":[{"t":"ref","text":"section 20102(4)(C) of title 49","href":"/us/usc/t49/s20102/4/C","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/e/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Rail carrier"},{"t":"content","children":[{"t":"p","text":"The term \u201crail carrier\u201d means an employer described in ","children":[{"t":"ref","text":"section 213(b)(2) of this title","href":"/us/usc/t29/s213/b/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/e/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Train crew"},{"t":"content","children":[{"t":"p","text":"The term \u201ctrain crew\u201d has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t29/s218d/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Applicability to motorcoach services operators"},{"t":"para","id":"/us/usc/t29/s218d/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Employees who are involved in the movement of a motorcoach"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t29/s218d/f/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/f/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" result in unsafe conditions for an employee of a motorcoach services operator or a passenger of a motorcoach.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/f/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Significant expense"},{"t":"chapeau","text":"For purposes of paragraph (2)(A), it shall not be considered a significant expense\u2014"},{"t":"subpara","id":"/us/usc/t29/s218d/f/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/f/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for an employee to use scheduled stop time to express breast milk.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/f/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this subsection:"},{"t":"subpara","id":"/us/usc/t29/s218d/f/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Motorcoach; motorcoach services"},{"t":"content","children":[{"t":"p","text":"The terms \u201cmotorcoach\u201d and \u201cmotorcoach services\u201d have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (","children":[{"t":"ref","text":"49 U.S.C. 31136","href":"/us/usc/t49/s31136","tail":" note)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/f/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Motorcoach services operator"},{"t":"content","children":[{"t":"p","text":"The term \u201cmotorcoach services operator\u201d means an entity that offers motorcoach services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t29/s218d/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Notification prior to commencement of action"},{"t":"para","id":"/us/usc/t29/s218d/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Except as provided in paragraph (2), before commencing an action under ","children":[{"t":"ref","text":"section 216(b) of this title","href":"/us/usc/t29/s216/b","tail":" for a violation of subsection (a)(2), an employee shall\u2014"}]},{"t":"subpara","id":"/us/usc/t29/s218d/g/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" notify the employer of such employee of the failure to provide the place described in such subsection; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/g/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Exceptions"},{"t":"chapeau","text":"Paragraph (1) shall not apply in a case in which\u2014"},{"t":"subpara","id":"/us/usc/t29/s218d/g/2/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" the employee has been discharged because the employee\u2014"},{"t":"clause","id":"/us/usc/t29/s218d/g/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has made a request for the break time or place described in subsection (a); or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t29/s218d/g/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" has opposed any employer conduct related to this section; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t29/s218d/g/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the employer has indicated that the employer has no intention of providing the place described in subsection (a)(2).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t29/s218d/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Interaction with State and Federal law"},{"t":"para","id":"/us/usc/t29/s218d/h/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Laws providing greater protection"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t29/s218d/h/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"No effect on title 49 preemption"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}