Sec. 2. Required breaks for employees
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The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) is amended by inserting after section 7 ( 29 U.S.C. 207 ) the following: Except as provided in subsection (d), no employer shall employ any employee, 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 period of 6 hours without allowing the employee to take a break of not less than 30 minutes during such period in which the employee is able to consume a meal.
Except as provided in subparagraph (B), an employer shall not be required to compensate an employee for a break required under paragraph (1). In the case in which an employer employs an employee during the employee's required break under paragraph (1), the employer shall compensate the employee for the employment during such break at a rate, for the full period of the required break, that is not less than one and one-half times the regular rate at which the employee is employed by the employer.
An employer shall compensate an employee, 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 any short-duration break that the employee is required to take due to a medical condition documented by a medical professional. Compensation described in paragraph
(1)shall be at the regular rate at which the employee is employed by the employer. No employer shall employ any employee, 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 period of 4 hours without allowing the employee to take a reasonable break during such period to utilize the nearest functioning and accessible restroom. An employer shall compensate an employee described in paragraph
(1)for a break described in such paragraph at the regular rate at which the employee is employed by the employer. The requirements under this section— shall not supercede any provision in a collective bargaining agreement; and shall not preempt any State law that provides greater protections for employees than the protections under this section. . Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ) is amended— in paragraph (5), by striking the period and inserting ; and ; and by adding at the end the following: to violate any provision of section 8. . Section 16 of such Act ( 29 U.S.C. 216 ) is amended— in subsection (b), by inserting Any employer who violates the provisions of section 8 shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section. after the third sentence; in subsection (c), by adding at the end the following: The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section. ; and in subsection (e)(2), by striking section 6 or 7, relating to wages, and inserting section 6, 7, or 8, relating to wages or breaks, . Section 6 of the Portal-to-Portal Act of 1947 ( 29 U.S.C. 255 ) is amended, in the matter preceding subsection (a), by inserting (and any cause of action to enforce section 8 of such Act) after under the Fair Labor Standards Act of 1938, as amended . Section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 ) is repealed.
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Sec. 2
Required breaks for employees
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