Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB430 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 430
5	5	September 8, 2023 - Introduced by Senators BALLWEG, AGARD, CABRAL-GUEVARA,
6	6	CARPENTER, HESSELBEIN, JACQUE, L. JOHNSON, LARSON, ROYS, SPREITZER,
7	7	TAYLOR and WIRCH, cosponsored by Representatives SUBECK, C. ANDERSON,
8	8	ANDRACA, BALDEH, BARE, BEHNKE, CABRERA, CLANCY, CONLEY, CONSIDINE,
9	9	DRAKE, EMERSON, JOERS, MYERS, OHNSTAD, PALMERI, RATCLIFF, ROZAR,
10	10	SHANKLAND, SINICKI, SNODGRASS, STUBBS, TUSLER and VINING. Referred to
11	11	Committee on Labor, Regulatory Reform, Veterans and Military Affairs.
12	12	AN ACT to amend 111.322 (2m) (a) and 111.322 (2m) (b); and to create 103.09,
13	13	106.54 (11) and 111.91 (2) (gp) of the statutes; relating to: requiring an
14	14	employer to provide reasonable break time and accommodations for an
15	15	employee who is breastfeeding the employee's child to express breast milk for
16	16	the child.
17	17	Analysis by the Legislative Reference Bureau
18	18	The federal Fair Labor Standards Act (FLSA), as amended by the 2023
19	19	Consolidated Appropriations Act, requires an employer to provide the following: 1)
20	20	a reasonable break time for an employee to express breast milk for the employee's
21	21	nursing child for one year after the child's birth each time the employee needs to
22	22	express that milk and 2) a place, other than a bathroom, that is shielded from view
23	23	and free from intrusion from coworkers and the public that may be used by an
24	24	employee to express breast milk. In addition, the FLSA permits that break time to
25	25	be unpaid, unless the employee is not completely relieved from duty during the
26	26	entirety of the break. The FLSA also provides that an employer that employs fewer
27	27	than 50 employees is exempt from these requirements if the requirements would
28	28	impose an undue hardship by causing the employer significant difficulty or expense
29	29	when considered in relation to the size, financial resources, nature, or structure of
30	30	the employer's business.
31	31	This bill codifies into the laws of this state the requirements of the FLSA with
32	32	respect to reasonable break time for employees to express breast milk for their
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39	39	SENATE BILL 430
40	40	children under one year of age and applies those requirements to all employers,
41	41	including the state, employing at least one individual. In addition, the bill 1)
42	42	requires an employer to provide access to an electrical outlet, running water, and a
43	43	refrigerator for the storage of breast milk and 2) provides that if an employee's
44	44	eligibility for an employer contribution towards the employee's health care coverage
45	45	is dependent on the number of hours that the employee works, the employer must
46	46	treat any unpaid break time taken by the employee to express breast milk as paid
47	47	work time for purposes of determining that eligibility. An employer employing fewer
48	48	than 50 employees is exempt from these requirements if the employer can
49	49	demonstrate that compliance with the requirements would pose an undue hardship
50	50	on the employer's business.
51	51	For further information see the state and local fiscal estimate, which will be
52	52	printed as an appendix to this bill.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 103.09 of the statutes is created to read:
56	56	103.09 Reasonable break time for nursing employees. (1) DEFINITION.
57	57	In this section, “employer" means any person engaging in any activity, enterprise, or
58	58	business employing at least one individual. “Employer" includes the state, its
59	59	political subdivisions, and any office, department, independent agency, authority,
60	60	institution, association, society, or other body in state or local government created or
61	61	authorized to be created by the constitution or any law, including the legislature and
62	62	the courts.
63	63	(2) REASONABLE BREAK TIME REQUIRED. Subject to sub. (4), an employer shall
64	64	provide all of the following for an employee who is breastfeeding the employee's child
65	65	under one year of age:
66	66	(a) A reasonable break time to express breast milk for the child each time the
67	67	employee has a need to express that milk.
68	68	(b) A place, other than a bathroom, that is shielded from view and free from
69	69	intrusion from coworkers and the public for the employee to express breast milk.
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89	89	(c) Access to an electrical outlet, running water, and a refrigerator for the
90	90	storage of breast milk.
91	91	(3) UNPAID BREAK TIME; MAINTENANCE OF HEALTH CARE COVERAGE. (a) Subject to
92	92	pars. (b) and (c), an employer that provides break time under sub. (2) (a) for an
93	93	employee to express breast milk is not required to compensate the employee for any
94	94	work time spent for that purpose.
95	95	(b) An employer shall consider break time under sub. (2) (a) paid work time if
96	96	an employee is not completely relieved from duty during the entirety of such a break.
97	97	(c) If an employee's eligibility for an employer contribution towards the
98	98	employee's health care coverage is dependent on the number of hours that the
99	99	employee works, the employer shall treat any unpaid break time taken by the
100	100	employee to express breast milk as paid work time for purposes of determining that
101	101	eligibility.
102	102	(4) UNDUE HARDSHIP EXCEPTION. An employer that employs fewer than 50
103	103	employees on a permanent basis in this state is not subject to the requirements under
104	104	sub. (2) if the employer can demonstrate that compliance with those requirements
105	105	would pose an undue hardship on the employer's program, enterprise, or business
106	106	by causing the employer significant difficulty or expense when considered in light of
107	107	the size, financial resources, nature, or structure of the employer's business.
108	108	(5) PROHIBITED ACTS. (a) No person may interfere with, restrain, or deny the
109	109	exercise of the right of an employee who is breastfeeding the employee's child under
110	110	one year of age to take reasonable break time to express that milk as provided under
111	111	sub. (2).
112	112	(b) No person may discharge or discriminate against an employee in promotion,
113	113	in compensation, or in the terms, conditions, or privileges of employment for taking
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140	140	SECTION 1 SENATE BILL 430
141	141	reasonable break time to express breast milk for the employee's child under one year
142	142	of age as provided in sub. (2), opposing a practice prohibited under this section, filing
143	143	a complaint or attempting to enforce any right under this section, or testifying or
144	144	assisting in any action or proceeding to enforce any right under this section.
145	145	(6) ENFORCEMENT. An employee whose right to take reasonable break time to
146	146	express breast milk for the employee's child under one year of age as provided under
147	147	sub. (2) is interfered with, restrained, or denied in violation of sub. (5) (a) or who is
148	148	discharged or discriminated against in violation of sub. (5) (b) may file a complaint
149	149	with the department, and the department shall process the complaint in the same
150	150	manner that employment discrimination complaints are processed under s. 111.39.
151	151	If the department finds that an employer has violated sub. (5) (a) or (b), the
152	152	department may order the employer to take action to remedy the violation, including
153	153	reinstating the employee, providing compensation in lieu of reinstatement,
154	154	providing back pay accrued not more than 2 years before the complaint was filed, and
155	155	paying reasonable actual costs and attorney fees to the complainant.
156	156	SECTION 2. 106.54 (11) of the statutes is created to read:
157	157	106.54 (11) The division shall receive complaints under s. 103.09 (6) and shall
158	158	process the complaints in the same manner as employment discrimination
159	159	complaints are processed under s. 111.39.
160	160	SECTION 3. 111.322 (2m) (a) of the statutes is amended to read:
161	161	111.322 (2m) (a) The individual files a complaint or attempts to enforce any
162	162	right under s. 103.02, 103.09, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34,
163	163	103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
164	164	or 103.64 to 103.82.
165	165	SECTION 4. 111.322 (2m) (b) of the statutes is amended to read:
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193	193	SECTION 4
194	194	SENATE BILL 430
195	195	111.322 (2m) (b) The individual testifies or assists in any action or proceeding
196	196	held under or to enforce any right under s. 103.02, 103.09, 103.10, 103.11, 103.13,
197	197	103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
198	198	or ss. 101.58 to 101.599 or 103.64 to 103.82.
199	199	SECTION 5. 111.91 (2) (gp) of the statutes is created to read:
200	200	111.91 (2) (gp) The right of an employee who is breastfeeding the employee's
201	201	child under one year of age to take reasonable break time to express breast milk for
202	202	the child as provided in s. 103.09 (2).
203	203	SECTION 6.0Initial applicability.
204	204	(1) REASONABLE BREAK TIME FOR NURSING EMPLOYEES. This act first applies to an
205	205	employee who is covered by a collective bargaining agreement that contains
206	206	provisions inconsistent with s. 103.09 on the day on which the collective bargaining
207	207	agreement expires or is extended, modified, or renewed, whichever occurs first.
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