Governor Kathy Hochul announced that legislation protecting warehouse workers from unreasonably demanding work quotas is now in effect.
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The Warehouse Worker Protection Act includes new requirements for distribution centers to disclose work speed data to current and former employees to inform them about their job performance and rights in the workplace.
The legislation also protects workers from disciplinary action or firing exclusively because of a failure to meet undisclosed quotas or performance standards, including those that do not allow for proper breaks.
With the Warehouse Worker Protection Act now in effect, employees can request quota information at any time, and are protected from:
Being forced to work through meals to make quota
Limiting use of bathroom facilities to make quota
Retaliation from an employer relating to requesting quota information or reporting violations related to quotas
This law applies to employers and employees at warehouse distribution centers. Under the law, a warehouse distribution center is defined using the North American Industry Classification System codes for warehousing and storage (excluding farm product warehousing and storage), merchant wholesalers, electronic shopping and mail-order houses, and couriers and express delivery services.
If an employee believes their employer is in violation of these protections, they can request a written description of the quota to which they are subject. They can also request a copy of the most recent 90 days of personal work speed data and a copy of the aggregate work speed data for similar employees at the same establishment during the same period. Employers are responsible for distributing this information no later than 14 calendar days after a request is made.
Employers must share quotas with employees through a written description (in their preferred language) of each quota they are expected to meet. This must be done within 30 days of an employee's start date. ■