H.R. 9008

[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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