| Chapter 112 |
| 2026 -- S 2504 SUBSTITUTE A Enacted 06/18/2026 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER PROTECTION ACT |
Introduced By: Senators Ciccone, Urso, Felag, Burke, and Dimitri |
| Date Introduced: February 06, 2026 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" |
| is hereby amended by adding thereto the following chapter: |
| CHAPTER 61 |
| WAREHOUSE WORKER PROTECTION ACT |
| 28-61-1. Short title. |
| This chapter shall be known and may be cited as the "Warehouse Worker Protection Act". |
| 28-61-2. Definitions. |
| As used in this chapter: |
| (1) "Defined time period" means any unit of time measurement equal to or less than the |
| duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof. |
| (2) "Department" means the department of labor and training. |
| (3) "Director" means director of the department of labor and training. |
| (4) "Employee" means a nonexempt employee who works at a warehouse distribution |
| center. |
| (5)(i) "Employee work speed data" means information an employer collects, stores, |
| analyzes, or interprets relating to an individual employee's performance of a quota, including, but |
| not limited to,: quantities of tasks performed,; quantities of items or materials handled or |
| produced,; rates or speeds of tasks performed,; measurements or metrics of employee performance |
| in relation to a quota,; and time categorized as performing tasks or not performing tasks. |
| (ii) "Employee work speed data" does not include qualitative performance assessments, |
| personnel records, or itemized wage statements, except for any content of those records that |
| includes employee work speed data, as defined in this definition. |
| (6) "Employer" means a person who directly or indirectly, or through an agent or any other |
| person, including through the services of a third-party employer, temporary service, or staffing |
| agency or similar entity, employs or exercises control over the wages, hours, or working conditions |
| of one hundred (100) or more employees at a single warehouse distribution center or one thousand |
| (1,000) or more employees at one or more warehouse distribution centers in the state. |
| (7) "Person" means an individual, corporation, partnership, limited partnership, limited |
| liability partnership, limited liability company, business trust, estate, trust, association, joint |
| venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or |
| foreign. |
| (8) "Quota" means a work standard under which an employee is assigned or required to |
| perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or |
| produce a quantified amount of material, within a defined time period and under which the |
| employee may suffer an adverse employment action, if the employee fails to complete the |
| performance standard. |
| (9)(i) "Warehouse distribution center" means an establishment as defined by any of the |
| following North American Industry Classification System (NAICS) Codes, however that |
| establishment is denominated: |
| (A) 493110 for General Warehousing and Storage. |
| (B) 423 for Merchant Wholesalers, Durable Goods. |
| (C) 424 for Merchant Wholesalers, Nondurable Goods. |
| (D) 454110 for Electronic Shopping and Mail-Order Houses. |
| 28-61-3. Disclosure of quotas. |
| (a) Each employer shall provide to each employee, upon hire, a written description of each |
| quota to which the employee is subject, including the quantified number of tasks to be performed |
| or materials to be produced or handled, within the defined time period, and any potential adverse |
| employment action that could result from the failure to meet the quota. The requirement to disclose |
| also applies to any changes in the quota. |
| (b) Nothing in this section requires an employer to use quotas or monitor work speed data. |
| An employer that does not monitor this data, has no obligation to provide it. |
| (c) New or modified quotas shall be disclosed in writing at least two (2) days in advance |
| orof their implementation and include notice of the effective date. No disciplinary action which |
| relates to an employee's compliance with a new or modified quota shall be taken until at least two |
| (2) days following the required written disclosure. |
| 28-61-4. Meals and rest periods. |
| An employee shall not be required to meet a quota that prevents compliance with meal or |
| rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom |
| facilities, or occupational health and safety laws in the labor laws or department standards. An |
| employer shall not take adverse employment action against an employee for failure to meet a quota |
| that does not allow a worker to comply with meal and rest periods, use of bathroom facilities, or |
| occupational health and safety laws, labor laws, or for failure to meet a quota that has not been |
| disclosed to an employee. |
| 28-61-5. Employee information request. |
| (a) Employees may request from the employer the written description of the quota, and a |
| copy of the employee's own speed data as well as the aggregated work speed data for comparable |
| employees working in the facility. |
| (b) Upon request from an employee under subsection (a) of this section, the employer shall |
| have twenty-one (21) days to provide information on the employee's own speed data as well as the |
| aggregated work speed data for comparable employees working in the facility. Each employee can |
| make no more than one request for data every ninety (90) days unless there is a pending disciplinary |
| action or the request is made contemporaneous with an employee performance review. The |
| employer shall include, on its written notice of new or modified quotas, the manner in which an |
| employee can request this data. |
| 28-61-6. Unlawful retaliation. |
| There shall be a rebuttable presumption of unlawful retaliation if an employer in any |
| manner discriminates, retaliates, or takes any adverse action against any employee because an |
| employee exercises their rights pursuant to this chapter. The rebuttable presumption of unlawful |
| retaliation shall only be in place for ninety (90) days following the employee's exercise of rights |
| under this chapter or the termination of their employment. Following that, the employee's burden |
| of proof shall be a preponderance of evidence standard. |
| 28-61-7. Enforcement. |
| (a) The department of labor and training shall adopt rules to implement and enforce this |
| chapter. The director shall be authorized to enforce this chapter and to assess damages payable to |
| the employee and civil penalties. |
| (b) A current or former employee may bring an action for injunctive relief to obtain |
| compliance with this chapter and may, upon prevailing, recover costs and reasonable attorney's |
| fees. |
| 28-61-8. Severability. |
| The provisions of this chapter are severable. If any provision or its application is held |
| invalid, that invalidity shall not affect other provisions or applications that can be given effect |
| without the invalid provision or application. |
| SECTION 2. This act shall take effect on January 1, 2027. |
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| LC005054/SUB A |
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