Empire State Today

Legislation Includes New Requirements for Distribution Centers To Disclose Work Speed Data to Current and Former Employees

Protects Workers from Disciplinary Action or Firing Exclusively Because of a Failure to Meet Undisclosed Quotas or Performance Standards

Governor Kathy Hochul June 19 announced that legislation protecting warehouse workers from unreasonably demanding work quotas is now in effect. The Warehouse Worker Protection Act, signed in December, 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.

"New York's warehouse workers deserve to be treated with fairness, dignity, and respect, and we are making a significant stride toward achieving that," Governor Hochul said. "I was proud to sign the Warehouse Worker Protection Act to address unreasonable work quotas and provide warehouse workers with protections from retaliation by their employers. With this legislation now in effect, we are holding firm to our commitment to ensure fairer and safer workplaces for all New Yorkers."

New York State Department of Labor Commissioner Roberta Reardon said, "Our warehouse workers play a significant role in keeping our supply chain moving, and they deserve to be treated fairly and equitably. I thank Governor Hochul and the legislature for putting the Warehouse Worker Protection Act in place to ensure these workers are not taken advantage of and are given the protections they deserve."

With the Warehouse Worker Protection Act now in effect, employees can request quota information at any time, and are protected from:

1. Being forced to work through meals to make quota
2. Limiting use of bathroom facilities to make quota
3. 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.

For more information on the Warehouse Worker Protection Act, visit the NYSDOL website. To report a violation of this law, email labor.sm.warehouse.worker.claims@labor.ny.gov.

Mario Cilento, President of the New York State AFL-CIO, said, "Warehouse workers suffer serious work-related injuries at a rate more than twice the average for all private industries. These workers routinely spend entire shifts speeding through tasks in an attempt to meet quotas mandated by their employers, all too often suffering musculoskeletal and repetitive stress injuries as a result. The Warehouse Worker Protection Act provides long overdue limits to protect warehouse workers from inhumane quotas, and to protect them from retaliation for asserting their rights under this law. We thank Governor Hochul for once again prioritizing critical worker protections."

Stu Appelbaum, President of RWDSU, said, "By signing the Warehouse Worker Protection Act, Governor Hochul took a major step toward protecting warehouse workers across New York State. This legislation is an important step in ensuring that workers are not forced to choose between their job and their safety. We look forward to a continued partnership with Governor Hochul and the Legislature on more solutions to keep workers safe."

Original source can be found here.