Warehouse employers would disclose quotas and protect workers’ break time

Covered employers would explain quotas and possible job penalties in writing. They could not require quotas that prevent meal breaks, rest breaks, or bathroom use. Coverage would apply to non-administrative workers subject to quotas who are not exempt from wage and hour rules. Covered businesses would include warehouses, wholesalers, online and mail-order sellers, and express delivery services. The size threshold would apply if reached at any time in the prior 12 months. Workers hired through staffing firms and workers at related companies would count. Employers could not punish workers for missing undisclosed quotas or quotas that prevent meal or rest breaks. Bathroom access would include reasonable travel time. Covered staffing firms and related companies would share responsibility for following the rules. Workers would receive quota descriptions upon hiring or within 30 days of the rules taking effect. Updates would be due within two business days of a change. Employers would also provide the applicable quota when taking action against a worker.

Covered employers would keep quota and work-speed records and give current and former workers free copies on request. Current workers could request their quota descriptions, their own speed data, and six months of combined speed data. Former workers could request their final quota and the final six months of both types of speed data. Records would be kept throughout employment and made available to the labor commissioner on request. Records covering the final six months would be kept for at least three years after a worker leaves. Combined speed records would cover similar workers at the same workplace without identifying individuals. Employers would not have to start using quotas or tracking speed. Employers that do not track speed data would not have to provide it. Former workers could request records within three years of leaving. Employers would respond as soon as practical, with quota descriptions due within two business days of receiving a request and speed data within seven business days.

People could not retaliate against anyone exercising these rights. Workers could seek court orders requiring compliance, and state officials could enforce the rules. Protection would cover requests for quota or speed information and complaints to employers or government officials. Current and former workers or their representatives could bring lawsuits to require compliance. Protection would cover former workers, people believed to be exercising these rights, and workers who mistakenly report violations in good faith. Workers or their representatives who win could recover legal fees and costs. A winning retaliation claim would carry damages equal to $10,000 or three times actual losses, whichever is greater. For quotas that block workplace safety rules or required breaks, court orders would be limited to suspending the quota, repayment of losses, and addressing related retaliation or other action against workers. The labor commissioner would issue rules, could assess civil penalties, and would investigate workplaces or employers with annual injury rates at least 1.5 times the warehousing industry average. The attorney general could bring civil or criminal cases. Action against a worker within 90 days of exercising or trying to exercise these rights would be presumed retaliatory. The person taking that action could rebut this with clear and convincing evidence of lawful reasons and that the protected activity was not a motivating factor.