Section 1 Short title
This Act may be cited as the “AIR PUMP Act”.
AIR PUMP Act
A BILL
To expand access to breastfeeding accommodations in the workplace for certain employees of air carrier employers.
Sec. 2 Definitions
For purposes of this Act:
Air carrier— The term air carrier has the meaning given such term in section 40102 of title 49, United States Code.
Air carrier employer— The term air carrier employer means an air carrier that is an employer.
Crewmember— The term crewmember has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).
Critical phases of flight— The term critical phases of flight has the meaning given such term in 121.542 of title 14, Code of Federal Regulations (or successor regulations).
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).
Sec. 3 Breastfeeding accommodations in the workplace for certain employees of air carrier employers
In general— An air carrier employer that, as described in subsection (b), is subject to the requirements of this section with respect to an employee who is a crewmember shall provide—
a reasonable break time for such 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 such an employee to express breast milk.
Applicability— An air carrier employer shall be subject to the requirements of this section with respect to an employee who is a crewmember provided that (as defined and delimited by the Administrator of the Federal Aviation Administration through regulations issued under section 4)—
in providing a break described in subsection (a)(1) to such an employee, an air carrier employer shall not be required to provide such break during critical phases of flight; and
compliance with the requirements of this section does not—
impact the safety or security of flight or the operation of an aircraft in flight or on the ground; or
require the air carrier employer to incur significant expense, such as through the addition of a crewmember in response to providing a break described in subsection (a)(1) to another crewmember, removal or retrofitting of seats, or the modification or retrofitting of an aircraft.
Significant expense— For purposes of subsection (b)(2)(B), modifying or retrofitting an aircraft by installing a curtain or other screening protection shall not be considered a significant expense.
Sec. 4 Antiretaliation
It shall be unlawful for any person to discharge or in any other manner discriminate against any employee because such employee has—
filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act; or
testified or is about to testify in any such proceeding.
Sec. 5 Rulemaking
Not later than 3 years after the date of enactment of this section, the Administrator of the Federal Aviation Administration, in consultation with the Secretary of Labor, shall issue regulations, as appropriate, to define and delimit the terms and conditions under section 3 for all crewmember time onboard an aircraft.
Sec. 6 Remedies
Enforcement by the Secretary—
In general— The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of sections 3 and 4 in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of section 18D and 15A(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218d).
Violations of section 3— An air carrier employer that violates section 3 shall—
be considered to be in violation of section 18D of the Fair Labor Standards Act of 1938 (29 U.S.C. 218d; 29 U.S.C. 215(a)(3)); and
be subject to the penalties described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.
Violations of section 4— An air carrier employer that violates section 4 shall—
be considered to be in violation of section 15A(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and
be subject to the penalties described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.
Private right of action— An action alleging a violation of sections 3 and 4 of this Act may be maintained against an air carrier employer in any Federal or State court of competent jurisdiction by an employee who is a crewmember or a representative of such employee for and on behalf of the employee, or the employee and others similarly situated, in the same manner, and subject to the same remedies (including attorney’s fees and costs of the action), as an action brought under section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) by an employee alleging a violation of section 18D or 15A(3) of such Act (29 U.S.C. 218d; 29 U.S.C. 215(a)(3)).
Sec. 7 Effective date
This Act shall take effect on the date that is 180 days after the date of enactment of this Act.