Regular Session 2017-2018 House Bill 1685 P.N. 2262

PRINTER'S NO. 2262

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1685

Session of

2017

INTRODUCED BY DALEY, MICCARELLI, DEAN, DONATUCCI, RABB,

SAMUELSON, SOLOMON, BARRAR, SCHLOSSBERG, DRISCOLL, SIMS,

O'BRIEN, McNEILL, D. COSTA, DAVIS, WATSON, ROZZI, FRANKEL,

DeLUCA, BOYLE, BRIGGS, GILLEN, McCARTER, WHEATLEY, KAVULICH

AND KIM, JULY 27, 2017

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 27, 2017

AN ACT

Providing for workplace accommodations for nursing mothers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Workplace

Accommodations for Nursing Mothers Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Labor and Industry of the

Commonwealth.

"Employer." A person, firm, association, partnership,

corporation, organization, institution or public employer,

including the Commonwealth and a political subdivision of the

Commonwealth, employment agencies or labor organizations that

have one or more employees.

"Employment agency." A person regularly undertaking, with or

without compensation, to procure opportunities to work or to

procure, recruit or place employees.

"Labor organization." An organization that exists for the

purpose, in whole or part, of collective bargaining or of

dealing with employers concerning grievances, terms or

conditions of employment or of other mutual aid or protection in

relation to employment.

"Undue hardship." An action that requires significant

difficulty or expense when considered in relation to factors

such as the size of the employer, the financial resources of the

employer or the nature and structure of its operation.

Section 3. Right of nursing mothers to express breast milk and

breastfeed in workplace.

(a) Breaktime.--An employer shall provide unpaid breaktime

or permit an employee to use paid breaktime, mealtime or both,

to allow the employee to express breast milk for her nursing

child.

(b) Room.--The employer shall provide a room or other

private location in close proximity to the work area, other than

a bathroom, where an employee can express breast milk so long as

these requirements do not impose an undue hardship on an

employer with fewer than 50 employees.

(1) Refuse to hire, employ, bar, discharge from

employment, withhold pay from, demote or penalize a

lactating employee because an employee breastfeeds or

expresses milk on the employer's premises.

(2) Retaliate against an employee who has made a

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charge, filed a complaint or instituted or caused to be

instituted a proceeding under or related to this act,

including an investigation conducted by the employer.

(3) Retaliate against an employee who has testified,

is planning to testify or has assisted or participated in

any manner in an investigation, proceeding, hearing or

action under or related to this act.

Section 4. Violations.

(a) Complaints.--An individual claiming to be aggrieved by a

violation of section 3 may file a complaint with the department

within 90 days after the alleged violation.

(b) Preliminary relief.--An individual may file an action

seeking preliminary injunctive relief in a court of common pleas

of competent jurisdiction if immediate relief is needed.

publicly accessible Internet website a form for individuals to

use in filing a complaint with the department with respect to a

violation under section 3.

(d) Notice.--Within 30 days of receipt of a complaint, the

department shall provide the employer, employment agency or

labor organization with a copy of the complaint.

(e) Response.--An employer shall have 30 days from receipt

of the complaint to respond in writing to the department

regarding the complaint.

(f) Determination by department.--Within 90 days of receipt

of a complaint, the department shall notify the complainant and

employer of a determination as to whether a violation has

occurred and whether a civil penalty shall be assessed by the

department.

(g) Relief.--Upon a determination by the department that a

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violation has occurred, the department shall enjoin the employer

from violating this act and order the employer to pay

compensatory damages to the complainant. The department may also

assess a civil penalty not to exceed $300 for a first violation

and $1,000 for each subsequent violation of section 3.

(h) Appeal.--A party that is dissatisfied with the

determination of the department may file an appeal with

Commonwealth Court within 30 days of receiving notice of the

determination.

(i) Additional remedies preserved.--Nothing in this act

shall be construed to impair existing statutory or common law

rights, powers or duties or bar the relief otherwise available

under the law to the complainant.

Section 5. Notification.

(a) Notification to employees.--

(1) Every employer subject to this act shall post and

keep posted a notice in accordance with the following:

(i) The notice shall be prepared or approved by the

department.

(ii) The notice shall be posted in conspicuous

places on the premises of the employer where notices to

employees are customarily posted.

(iii) The notice shall summarize the requirements of

this act and include information pertaining to the

procedures and remedies to enforce this act.

(2) The department shall furnish copies of summaries and

rules to employers upon request without charge and shall

publish these documents on the department's publicly

accessible Internet website.

(b) Information for the public.--The department and the

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Department of Health of the Commonwealth shall make available to

the general public on the departments' publicly accessible

Internet websites information and links to other websites where

the public can access information concerning breastfeeding and

expressing breast milk, including information relating to

expressing breast milk in the workplace.

Internet website, the department shall provide information and

links to other Internet websites where employers can access

information regarding methods to accommodate nursing mothers in

the workplace. The department shall consult with appropriate

organizations or associations to determine the appropriate

information and Internet website links to provide employers with

the most accurate and useful information available.

Section 6. Effective date.

This act shall take effect in 60 days.

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