2024 -- S 2478

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LC004526

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER

PROTECTION ACT

     

     Introduced By: Senators Ciccone, Burke, Britto, and F. Lombardi

     Date Introduced: February 12, 2024

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 60

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WAREHOUSE WORKER PROTECTION ACT

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     28-60-1. Short title.

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     This chapter shall be known and may be cited as the "Warehouse Worker Protection Act".

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     28-60-2. Definitions.

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     As used in this chapter:

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     (1) "Aggregated data" means information that an employer has combined or collected

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together in summary or other form such that the data cannot be identified with any individual.

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     (2) "Defined time period" means any unit of time measurement equal to or less than the

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duration of an employee’s shift, and includes hours, minutes, and seconds and any fraction thereof.

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     (3) "Designated employee representative" means any employee representative, including,

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but not limited to, an authorized employee representative that has a collective bargaining

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relationship with the employer.

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     (4) "Employee" means a nonexempt employee who works at a warehouse distribution

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center and is subject to a quota as defined in this section.

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     (5) "Employee work speed data" means information an employer collects, stores, analyzes,

 

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or interprets relating to an individual employee’s performance of a quota, including, but not limited

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to, quantities of tasks performed, quantities of items or materials handled or produced, rates or

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speeds of tasks performed, measurements or metrics of employee performance in relation to a

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quota, and time categorized as performing tasks or not performing tasks.

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     (6)(i) "Employer" means a person who directly or indirectly, or through an agent or any

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other person, including through the services of a third-party employer, temporary services, or

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staffing agency, independent contractor, or any similar entity, at any time in the prior twelve (12)

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months, employs or exercises control over the wages, hours, or working conditions of one hundred

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(100) or more employees at a single warehouse distribution center or five hundred (500) or more

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employees at one or more warehouse distribution centers in the state.

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     (ii) For the purposes of this subsection:

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     (A) All employees employed directly or indirectly, or through an agent or any other person,

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as described in subsection (6)(i) of this section, as well as any employee employed by a member of

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a controlled group of corporations of which the employer is a member, shall be counted in

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determining the number of employees employed at a single warehouse distribution center or at one

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or more warehouse distribution centers in the state; and

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     (B) All agents or other persons, as described in subsection (6)(i) of this section, and all

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members of a controlled group of corporations of which the employer is a member, shall be deemed

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to be employers and shall be jointly and severally responsible for compliance with this chapter. For

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purposes of this subsection, the term "controlled group of corporations" shall be defined as provided

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under Section 1563 of the Internal Revenue Code, 26 U.S.C. section 1563, except that fifty percent

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(50%) shall be substituted for eighty percent (80%) where eighty percent (80%) is specified in that

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definition.

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     (7) "Person" means an individual, corporation, partnership, limited partnership, limited

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liability partnership, limited liability company, business trust, estate, trust, association, joint

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venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or

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foreign.

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     (8) "Quota" means a work standard which:

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     (i) An employee is assigned or required to perform:

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     (A) At a specified productivity speed; or a quantified number of tasks, or to handle or

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produce a quantified amount of material, within a defined time period; or

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     (B) An employee's actions are categorized between time performing tasks and not

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performing tasks, and the employee's failure to complete a task performance standard or

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recommendation may have an adverse impact on the employee's continued employment or the

 

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conditions of such employment.

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     (9) "Warehouse distribution center" means an establishment as defined by any of the

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following North American industry classification system ("NAICS") codes, however such

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establishment is denominated:

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     (i) Four hundred ninety-three (493) for warehousing and storage;

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     (ii) Four hundred twenty-three (423) for merchant wholesalers, durable goods;

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     (iii) Four hundred twenty-four (424) for merchant wholesalers, nondurable goods;

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     (iv) Four hundred fifty-four thousand one hundred ten (454,110) for electronic shopping

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and mail-order houses; or

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     (v) Four hundred ninety-two thousand one hundred ten (492,110) for couriers and express

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delivery services.

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     28-60-3. Disclosure of quotas.

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     (a) Each employer shall provide to each employee, upon hire, or within thirty (30) days of

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the effective date of this chapter, a written description of each quota to which the employee is

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subject, including the quantified number of tasks to be performed or materials to be produced or

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handled, within the defined time period, and any potential adverse employment action that could

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result from failure to meet the quota.

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     (b) Each time the quota changes thereafter, the employer shall provide an updated written

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description of each quota to which the employee is subject within two (2) business days of such

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quota change.

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     (c) Each time an employer takes an adverse employment action against an employee, the

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employer shall provide that employee with the applicable quota for the employee.

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     28-60-4. Protection from quotas.

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     (a) An employee shall not be required to meet a quota that prevents compliance with meal

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or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom

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facilities. An employer shall not take adverse employment action against an employee for failure

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to meet a quota that does not allow a worker to comply with meal and rest periods or for failure to

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meet a quota that has not been disclosed to the employee pursuant to § 28-60-3.

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     (b) Consistent with existing law, paid and unpaid breaks shall not be considered productive

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time for the purpose of any quota or monitoring system unless the employee is required to remain

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on call.

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     28-60-5. Recordkeeping.

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     (a) Each employer shall establish, maintain, and preserve contemporaneous, true, and

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accurate records of the following:

 

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     (1) Each employee's own personal work speed data;

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     (2) The aggregated work speed data for similar employees at the same establishment; and

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     (3) The written descriptions of the quota such employee was provided pursuant to § 28-60-

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3.

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     (b) Such records shall be maintained and preserved throughout the duration of each

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employee's period of employment and made available to the director of the department of labor and

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training upon request.

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     (c) Subsequent to any employee's separation from the employer, such records relating to

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the six (6) month period prior to the date of the employee's separation from the employer shall be

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preserved for a period of time not less than three (3) years subsequent to the date of such employee's

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separation and made available to the director upon request.

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     (d) Nothing in this section shall require an employer to keep such records if such employer

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does not use quotas as defined in this chapter or monitor work speed data.

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     28-60-6. Right to request.

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     (a) A current employee has the right to request a written description of each quota to which

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the employee is subject, a copy of the employee's own personal work speed data, and a copy of the

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prior six (6) months of aggregated work speed data for similar employees at the same establishment.

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     (b) A former employee has the right to request, within three (3) years subsequent to the

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date of their separation from the employer, a written description of the quota to which they were

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subject as of the date of their separation, a copy of the employee's own personal work speed data

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for the six (6) months prior to their date of separation, and a copy of aggregated work speed data

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for similar employees at the same establishment for the six (6) months prior to their date of

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separation.

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     (c) Such requested records pursuant to this section shall be provided at no cost to the current

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or former employee.

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     (d) The employer shall provide such requested records pursuant to this section as soon as

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practicable; provided that, requested written descriptions of the quota shall be provided no later

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than two (2) business days following the date of the receipt of the request and requested personal

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work speed data and aggregated work speed data shall be provided no later than seven (7) business

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days following the date of the receipt of the request.

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     (e) Nothing in this section shall require an employer to use quotas as defined in this chapter

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or monitor work speed data. An employer that does not monitor this data has no obligation to

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provide it.

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     28-60-7. Unlawful retaliation.

 

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     (a) No person, including, but not limited to, an employer, their agent, or person acting as

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or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation,

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partnership, or limited liability company, shall discharge or in any way retaliate, discriminate or

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take adverse action against any person for exercising any rights conferred under this chapter, or for

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being perceived as exercising rights conferred by this chapter, including, but not limited to:

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     (1) Initiating a request for information about a quota or personal work speed data pursuant

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to § 28-60-6.

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     (2) Making a complaint related to a quota alleging any violation of §§ 28-60-3, 28-60-4

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and 28-60-6 to the director, any other local, state, or federal governmental agency or official, or the

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employer.

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     (b) An employee need not explicitly refer to this chapter or the rights enumerated in this

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chapter to be protected from an adverse action. Protections of this section shall apply to former

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employees and to employees who mistakenly, but in good faith, allege violations of this chapter.

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     (c) If a person takes adverse action against an employee within ninety (90) days of the

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employee's engaging or attempting to engage in activities protected by this chapter, such conduct

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shall raise a rebuttable presumption that the action is an adverse action in violation of this chapter.

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Such presumption may be rebutted by clear and convincing evidence that:

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     (1) The action was taken for other permissible reasons; and

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     (2) The engaging or attempting to engage in activities protected by this chapter was not a

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motivating factor in the adverse action.

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     28-60-8. Requirements for basing discipline on quota compliance.

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     If the employer wishes to discipline an employee for work under quota, the employer shall

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provide a written explanation to the employee regarding the manner in which the employee failed

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to perform, including the applicable quota and comparison of work performance to that standard.

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     28-60-9. Posting of notices in the workplace related to quotas.

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     Employers subject to this chapter shall post a notice in the workplace regarding workers'

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rights under the chapter, including what constitutes a permissible quota, as well as the employees'

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right to request quota and speed date information, and to make a complaint to various state

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authorities regarding violation of an employee's quota rights.

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     28-60-10. Enforcement.

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     The director of the department of labor and training shall adopt rules and regulations

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implementing the provisions of this chapter. The director shall be authorized to enforce the

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provisions of this chapter and to assess civil penalties in a manner consistent with state law.

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     28-60-11. Workplace inspections.

 

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     If a particular worksite or employer is found to have an annual employee injury rate of at

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least one and one-half (1½) times as high as the warehousing industry's average annual injury rate

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as published by the Bureau of Labor Statistics' most recent Fatal and Non-fatal Occupational

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Injuries and Illnesses data, the director shall conduct an investigation of violations pursuant to this

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chapter.

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     28-60-12. Private right of action.

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     (a) A current or former employee or their representative may bring an action for injunctive

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relief to obtain compliance with this chapter and may, upon prevailing in the action, recover costs

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and reasonable attorneys' fees in such action.

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     (b) In any action involving a quota that prevented the compliance with applicable

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regulations on workplace safety and health or meal or rest break requirements, the injunctive relief

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shall be limited to suspension of the quota and restitution and injunctive relief to address any

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retaliation or other adverse action taken by the employer in relation to the complaint or its

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enforcement.

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     (c) In any action involving a retaliation in violation of this chapter, in addition to the relief

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authorized in this section, a prevailing current or former employee or their representative shall be

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awarded damages equal to the greater of ten thousand dollars ($10,000) or three (3) times the actual

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damages, including, but not limited to, unpaid wages and benefits.

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     28-60-13. Enforcement by attorney general.

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     The attorney general, either upon their own complaint or the complaint of any person acting

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for themselves or the general public, has the authority to prosecute actions, either civil or criminal,

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for violations of this chapter, or to enforce the provisions of this chapter, independently and without

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specific direction of the director.

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     28-60-14. Severability.

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     If any provision of this chapter, or any application of any provision of this chapter, is held

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to be invalid, that shall not affect the validity or effectiveness of any other provision of this chapter,

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or of any other application of any provision of this chapter, which can be given effect without that

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provision or application; and to that end, the provisions and applications of this chapter are

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severable.

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     SECTION 2. This act shall take effect on September 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER

PROTECTION ACT

***

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     This act would require employers to provide each employee, defined as a nonexempt

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employee who works at a warehouse distribution center, upon hire or within thirty (30) days of the

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effective date of this chapter, with a written description of each quota to which the employee is

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subject, including the quantified number of tasks to be performed or materials to be produced or

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handled, within the defined time period and any potential adverse employment action that could

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result from failure to meet the quota. This act also would provide each employee with protections

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against quotas and remedies for violations of those protections, including, but not limited to,

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unlawful retaliation or dismissal.

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     This act would take effect on September 1, 2024.

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