Bill > H2103

This bill, titled "Protecting warehouse workers," aims to enhance protections for employees in warehouse distribution centers by establishing new regulations around work quotas and data collection. It defines key terms such as "defined time period," "designated employee representative," "employee," "employee work speed data," "aggregated data," "employer," "person," "quota," and "warehouse distribution center," which is defined by specific North American Industry Classification System (NAICS) codes. The bill mandates that employers provide employees with a written description of any quotas they are subject to upon hire and within two business days of any changes, including potential adverse employment actions for failure to meet them. Importantly, employees cannot be required to meet quotas that prevent compliance with meal or rest breaks or bathroom access, and employers are prohibited from taking adverse action for failing to meet such quotas or quotas that haven't been properly disclosed. Employers must maintain accurate records of employee work speed data and quota descriptions, and employees have the right to request copies of their personal work speed data, aggregated data for similar employees, and quota descriptions. The bill also prohibits retaliation against employees for exercising these rights and establishes a rebuttable presumption of retaliation if adverse action is taken within ninety days of an employee engaging in protected activity. The Commissioner of Labor and Workforce Development is authorized to enforce these provisions, investigate potential violations, and assess penalties, with specific provisions for investigations triggered by high injury rates. Employees can bring legal action for injunctive relief and may recover costs and attorney's fees, with additional damages awarded in cases of retaliation.