Worker Rights and Support Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9008 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9008

 To amend the Fair Labor Standards Act of 1938 to require employers to
 allow employees to take meal, rest, restroom, and medical breaks, and
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2026

Mrs. Watson Coleman (for herself, Ms. Lee of Pennsylvania, Mrs. McIver,
Ms. Wilson of Florida, Mr. Takano, Ms. Tlaib, Ms. Adams, Mrs. Ramirez,
and Mr. Frost) introduced the following bill; which was referred to the
                  Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL

 To amend the Fair Labor Standards Act of 1938 to require employers to
 allow employees to take meal, rest, restroom, and medical breaks, and
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worker Rights and Support Act''.

SEC. 2. REQUIRED BREAKS FOR EMPLOYEES.

    (a) In General.--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:

``SEC. 8. REQUIRED BREAKS FOR EMPLOYEES.

    ``(a) Meal Breaks.--
            ``(1) In general.--Except as provided in paragraph (3)(A)
        and subsection (e), an employer shall provide, for each 6-hour
        period of work performed by an employee, a period of break time
        of not less than 30 minutes during such period of work in which
        the employee may consume a meal.
            ``(2) Payment.----
                    ``(A) In general.--Except as provided in
                subparagraph (B), an employer shall not be required to
                compensate an employee for a break required under
                paragraph (1).
                    ``(B) Paid breaks.--In the case in which an
                employee is not fully relieved of all work or
                expectation of work, or is not free to leave the
                premises or work site during a break provided under
                paragraph (1), the employer shall compensate the
                employee for the full period of break time under
                paragraph (1), at a rate that is not less than one and
                one-half times the regular rate at which the employee
                is employed by the employer.
            ``(3) Waiver.--
                    ``(A) In general.--The period of break time under
                paragraph (1) may be waived by consent of the employee.
                    ``(B) Waiver may not be compelled.--An employer may
                not compel, or attempt to compel, an employee to waive
                the period of break time provided under paragraph (1).
    ``(b) Rest and Restroom Breaks.--
            ``(1) In general.--Except as provided in subsection (e), an
        employer shall provide, during each 4-hour period of work
        performed by an employee, a period of break time that is the
        longer of--
                    ``(A) 10 minutes; or
                    ``(B) a reasonable period of time to utilize the
                nearest functioning and accessible restroom.
            ``(2) Rate of compensation.--An employer shall compensate
        an employee for the break time described in paragraph (1) at
        the regular rate at which the employee is employed by the
        employer.
    ``(c) Medical Breaks.--
            ``(1) In general.--Except as provided in subsection (e), an
        employer shall provide to an employee periods of break time,
        not to exceed 20 minutes each, that the employee may reasonably
        require due to a medical condition communicated to the employer
        by the health care provider either directly from such provider
        or indirectly from the employee.
            ``(2) Rate of compensation.--An employer shall compensate
        an employee for the break time described in paragraph (1) at
        the regular rate at which the employee is employed by the
        employer.
    ``(d) Time Worked.--Break time paid under this section shall be
considered as time worked.
    ``(e) Collective Bargaining Agreements; State Laws.--The
requirements under this section shall not--
            ``(1) supersede any provision in a collective bargaining
        agreement; or
            ``(2) preempt any State law that provides greater
        protections to employees than the protections provided to
        employees under this section.''.
    (b) Enforcement.--
            (1) Prohibited act.--Section 15(a) of the Fair Labor
        Standards Act of 1938 (29 U.S.C. 215(a)) is amended--
                    (A) in paragraph (1), by striking ``or section 7''
                and inserting ``, section 7, or section 8'';
                    (B) in paragraph (6), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) to violate any of the provisions of section 8.''.
            (2) Penalties.--Section 16 of such Act (29 U.S.C. 216) is
        amended--
                    (A) in subsection (b), by inserting after the third
                sentence the following: ``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.'';
                    (B) 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
                    (C) in subsection (e)(2), by striking ``section 6
                or 7, relating to wages,'' and inserting ``section 6,
                7, or 8, relating to wages or break time,''.
            (3) Statute of limitations.--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''.
    (c) Conforming Amendment.--Section 10 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 210) is repealed.
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