The Strengthening of Workers’ Rights and the Warehouse Worker Protection Act

On December 21, 2022, Governor Kathy Hochul signed the Warehouse Worker Protection Act (“the Act”) into law, officially enacted on February 19, 2023.   In summary, the Act requires employers to provide a written description of quotas that employees are subject to and protects employees from being required to meet quotas that prevent them from partaking in their required meal or rest periods or from using the bathroom.

The new Act makes sure to discuss who constitutes an “employer” under the Act.  Under the Act, an “employer” has (a) a hundred or more employees at a single warehouse distribution center; or (b) five hundred or more employees at one or more warehouse distribution centers within New York State within twelve months.  These thresholds concerning the number of employees include “traditional” employees, those employed through any third-party agency or independent contractor, and those used by a member of a corporation’s-controlled group (as long as the employer has control over wages, hours, and working conditions).  Within the Act, “quota” is defined as a work standard that an employee is assigned or is required to perform.  A quota could include several tasks to be completed, specified productivity speed, and more.

In light of these definitions, the Act requires employers to provide employees with a written description of each quota they will be subjected to either upon hiring or, if they are already employed, within thirty days of July 19, 2023.  This written description, which must be in each employee’s primary language, must outline the quota the employee will be subjected to and the potential consequences for failing to meet the employer’s expectations.  Additionally, if an existing quota has been altered, the Act requires the employer to notify their employees of the amended expectation within two business days from the revised date.  Finally, whenever an employee fails to meet their expectations, an employer must provide the employee with a new version of the written description of their required quotas.  Further, current employees now have the right to request (1) a written description of each quota they are subjected to; (2) a copy of the employee’s personal work speed data; and (3) a copy from the prior six months of the aggregated work data of similarly situated employees from the same location.  Also, former employees now retain the right to make a one-time request the information mentioned above within three years of their last day of employment.  Following receiving a request, the employer must provide the report within fourteen business days.   Finally, the Act creates a rebuttal presumption of retaliation if an employer executes an adverse action against an employee within ninety days of engaging or attempting to engage in their rights under the Act.

When Governor Kathy Hochul signed this bill into law, she mentioned that the primary driving force behind this law was various labor unions, including the Teamsters and the Retail, Wholesale, and Department Store Union.  So, while the idea of a law concerning warehouse workers at first glance seems niche, do not let the name fool you.  This law plays a substantial role in further strengthening Workers’ Rights in New York State and ensuring that all employers retain their ability to take regular lunch and bathroom breaks regardless of what company or whom they work for.

If your employer is categorized as an employer under the Act, and you have not received a written description of your required quotas or your quotas hinder your ability to take lunch or bathroom breaks, contact Borrelli & Associates, P.L.L.C., to schedule a free consultation through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.