2024 -- S 2478 | |
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LC004526 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER | |
PROTECTION ACT | |
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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: | |
1 | SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 60 |
4 | WAREHOUSE WORKER PROTECTION ACT |
5 | 28-60-1. Short title. |
6 | This chapter shall be known and may be cited as the "Warehouse Worker Protection Act". |
7 | 28-60-2. Definitions. |
8 | As used in this chapter: |
9 | (1) "Aggregated data" means information that an employer has combined or collected |
10 | together in summary or other form such that the data cannot be identified with any individual. |
11 | (2) "Defined time period" means any unit of time measurement equal to or less than the |
12 | duration of an employee’s shift, and includes hours, minutes, and seconds and any fraction thereof. |
13 | (3) "Designated employee representative" means any employee representative, including, |
14 | but not limited to, an authorized employee representative that has a collective bargaining |
15 | relationship with the employer. |
16 | (4) "Employee" means a nonexempt employee who works at a warehouse distribution |
17 | center and is subject to a quota as defined in this section. |
18 | (5) "Employee work speed data" means information an employer collects, stores, analyzes, |
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1 | or interprets relating to an individual employee’s performance of a quota, including, but not limited |
2 | to, quantities of tasks performed, quantities of items or materials handled or produced, rates or |
3 | speeds of tasks performed, measurements or metrics of employee performance in relation to a |
4 | quota, and time categorized as performing tasks or not performing tasks. |
5 | (6)(i) "Employer" means a person who directly or indirectly, or through an agent or any |
6 | other person, including through the services of a third-party employer, temporary services, or |
7 | staffing agency, independent contractor, or any similar entity, at any time in the prior twelve (12) |
8 | months, employs or exercises control over the wages, hours, or working conditions of one hundred |
9 | (100) or more employees at a single warehouse distribution center or five hundred (500) or more |
10 | employees at one or more warehouse distribution centers in the state. |
11 | (ii) For the purposes of this subsection: |
12 | (A) All employees employed directly or indirectly, or through an agent or any other person, |
13 | as described in subsection (6)(i) of this section, as well as any employee employed by a member of |
14 | a controlled group of corporations of which the employer is a member, shall be counted in |
15 | determining the number of employees employed at a single warehouse distribution center or at one |
16 | or more warehouse distribution centers in the state; and |
17 | (B) All agents or other persons, as described in subsection (6)(i) of this section, and all |
18 | members of a controlled group of corporations of which the employer is a member, shall be deemed |
19 | to be employers and shall be jointly and severally responsible for compliance with this chapter. For |
20 | purposes of this subsection, the term "controlled group of corporations" shall be defined as provided |
21 | under Section 1563 of the Internal Revenue Code, 26 U.S.C. section 1563, except that fifty percent |
22 | (50%) shall be substituted for eighty percent (80%) where eighty percent (80%) is specified in that |
23 | definition. |
24 | (7) "Person" means an individual, corporation, partnership, limited partnership, limited |
25 | liability partnership, limited liability company, business trust, estate, trust, association, joint |
26 | venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or |
27 | foreign. |
28 | (8) "Quota" means a work standard which: |
29 | (i) An employee is assigned or required to perform: |
30 | (A) At a specified productivity speed; or a quantified number of tasks, or to handle or |
31 | produce a quantified amount of material, within a defined time period; or |
32 | (B) An employee's actions are categorized between time performing tasks and not |
33 | performing tasks, and the employee's failure to complete a task performance standard or |
34 | recommendation may have an adverse impact on the employee's continued employment or the |
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1 | conditions of such employment. |
2 | (9) "Warehouse distribution center" means an establishment as defined by any of the |
3 | following North American industry classification system ("NAICS") codes, however such |
4 | establishment is denominated: |
5 | (i) Four hundred ninety-three (493) for warehousing and storage; |
6 | (ii) Four hundred twenty-three (423) for merchant wholesalers, durable goods; |
7 | (iii) Four hundred twenty-four (424) for merchant wholesalers, nondurable goods; |
8 | (iv) Four hundred fifty-four thousand one hundred ten (454,110) for electronic shopping |
9 | and mail-order houses; or |
10 | (v) Four hundred ninety-two thousand one hundred ten (492,110) for couriers and express |
11 | delivery services. |
12 | 28-60-3. Disclosure of quotas. |
13 | (a) Each employer shall provide to each employee, upon hire, or within thirty (30) days of |
14 | the effective date of this chapter, a written description of each quota to which the employee is |
15 | subject, including the quantified number of tasks to be performed or materials to be produced or |
16 | handled, within the defined time period, and any potential adverse employment action that could |
17 | result from failure to meet the quota. |
18 | (b) Each time the quota changes thereafter, the employer shall provide an updated written |
19 | description of each quota to which the employee is subject within two (2) business days of such |
20 | quota change. |
21 | (c) Each time an employer takes an adverse employment action against an employee, the |
22 | employer shall provide that employee with the applicable quota for the employee. |
23 | 28-60-4. Protection from quotas. |
24 | (a) An employee shall not be required to meet a quota that prevents compliance with meal |
25 | or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom |
26 | facilities. An employer shall not take adverse employment action against an employee for failure |
27 | to meet a quota that does not allow a worker to comply with meal and rest periods or for failure to |
28 | meet a quota that has not been disclosed to the employee pursuant to § 28-60-3. |
29 | (b) Consistent with existing law, paid and unpaid breaks shall not be considered productive |
30 | time for the purpose of any quota or monitoring system unless the employee is required to remain |
31 | on call. |
32 | 28-60-5. Recordkeeping. |
33 | (a) Each employer shall establish, maintain, and preserve contemporaneous, true, and |
34 | accurate records of the following: |
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1 | (1) Each employee's own personal work speed data; |
2 | (2) The aggregated work speed data for similar employees at the same establishment; and |
3 | (3) The written descriptions of the quota such employee was provided pursuant to § 28-60- |
4 | 3. |
5 | (b) Such records shall be maintained and preserved throughout the duration of each |
6 | employee's period of employment and made available to the director of the department of labor and |
7 | training upon request. |
8 | (c) Subsequent to any employee's separation from the employer, such records relating to |
9 | the six (6) month period prior to the date of the employee's separation from the employer shall be |
10 | preserved for a period of time not less than three (3) years subsequent to the date of such employee's |
11 | separation and made available to the director upon request. |
12 | (d) Nothing in this section shall require an employer to keep such records if such employer |
13 | does not use quotas as defined in this chapter or monitor work speed data. |
14 | 28-60-6. Right to request. |
15 | (a) A current employee has the right to request a written description of each quota to which |
16 | the employee is subject, a copy of the employee's own personal work speed data, and a copy of the |
17 | prior six (6) months of aggregated work speed data for similar employees at the same establishment. |
18 | (b) A former employee has the right to request, within three (3) years subsequent to the |
19 | date of their separation from the employer, a written description of the quota to which they were |
20 | subject as of the date of their separation, a copy of the employee's own personal work speed data |
21 | for the six (6) months prior to their date of separation, and a copy of aggregated work speed data |
22 | for similar employees at the same establishment for the six (6) months prior to their date of |
23 | separation. |
24 | (c) Such requested records pursuant to this section shall be provided at no cost to the current |
25 | or former employee. |
26 | (d) The employer shall provide such requested records pursuant to this section as soon as |
27 | practicable; provided that, requested written descriptions of the quota shall be provided no later |
28 | than two (2) business days following the date of the receipt of the request and requested personal |
29 | work speed data and aggregated work speed data shall be provided no later than seven (7) business |
30 | days following the date of the receipt of the request. |
31 | (e) Nothing in this section shall require an employer to use quotas as defined in this chapter |
32 | or monitor work speed data. An employer that does not monitor this data has no obligation to |
33 | provide it. |
34 | 28-60-7. Unlawful retaliation. |
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1 | (a) No person, including, but not limited to, an employer, their agent, or person acting as |
2 | or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation, |
3 | partnership, or limited liability company, shall discharge or in any way retaliate, discriminate or |
4 | take adverse action against any person for exercising any rights conferred under this chapter, or for |
5 | being perceived as exercising rights conferred by this chapter, including, but not limited to: |
6 | (1) Initiating a request for information about a quota or personal work speed data pursuant |
7 | to § 28-60-6. |
8 | (2) Making a complaint related to a quota alleging any violation of §§ 28-60-3, 28-60-4 |
9 | and 28-60-6 to the director, any other local, state, or federal governmental agency or official, or the |
10 | employer. |
11 | (b) An employee need not explicitly refer to this chapter or the rights enumerated in this |
12 | chapter to be protected from an adverse action. Protections of this section shall apply to former |
13 | employees and to employees who mistakenly, but in good faith, allege violations of this chapter. |
14 | (c) If a person takes adverse action against an employee within ninety (90) days of the |
15 | employee's engaging or attempting to engage in activities protected by this chapter, such conduct |
16 | shall raise a rebuttable presumption that the action is an adverse action in violation of this chapter. |
17 | Such presumption may be rebutted by clear and convincing evidence that: |
18 | (1) The action was taken for other permissible reasons; and |
19 | (2) The engaging or attempting to engage in activities protected by this chapter was not a |
20 | motivating factor in the adverse action. |
21 | 28-60-8. Requirements for basing discipline on quota compliance. |
22 | If the employer wishes to discipline an employee for work under quota, the employer shall |
23 | provide a written explanation to the employee regarding the manner in which the employee failed |
24 | to perform, including the applicable quota and comparison of work performance to that standard. |
25 | 28-60-9. Posting of notices in the workplace related to quotas. |
26 | Employers subject to this chapter shall post a notice in the workplace regarding workers' |
27 | rights under the chapter, including what constitutes a permissible quota, as well as the employees' |
28 | right to request quota and speed date information, and to make a complaint to various state |
29 | authorities regarding violation of an employee's quota rights. |
30 | 28-60-10. Enforcement. |
31 | The director of the department of labor and training shall adopt rules and regulations |
32 | implementing the provisions of this chapter. The director shall be authorized to enforce the |
33 | provisions of this chapter and to assess civil penalties in a manner consistent with state law. |
34 | 28-60-11. Workplace inspections. |
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1 | If a particular worksite or employer is found to have an annual employee injury rate of at |
2 | least one and one-half (1½) times as high as the warehousing industry's average annual injury rate |
3 | as published by the Bureau of Labor Statistics' most recent Fatal and Non-fatal Occupational |
4 | Injuries and Illnesses data, the director shall conduct an investigation of violations pursuant to this |
5 | chapter. |
6 | 28-60-12. Private right of action. |
7 | (a) A current or former employee or their representative may bring an action for injunctive |
8 | relief to obtain compliance with this chapter and may, upon prevailing in the action, recover costs |
9 | and reasonable attorneys' fees in such action. |
10 | (b) In any action involving a quota that prevented the compliance with applicable |
11 | regulations on workplace safety and health or meal or rest break requirements, the injunctive relief |
12 | shall be limited to suspension of the quota and restitution and injunctive relief to address any |
13 | retaliation or other adverse action taken by the employer in relation to the complaint or its |
14 | enforcement. |
15 | (c) In any action involving a retaliation in violation of this chapter, in addition to the relief |
16 | authorized in this section, a prevailing current or former employee or their representative shall be |
17 | awarded damages equal to the greater of ten thousand dollars ($10,000) or three (3) times the actual |
18 | damages, including, but not limited to, unpaid wages and benefits. |
19 | 28-60-13. Enforcement by attorney general. |
20 | The attorney general, either upon their own complaint or the complaint of any person acting |
21 | for themselves or the general public, has the authority to prosecute actions, either civil or criminal, |
22 | for violations of this chapter, or to enforce the provisions of this chapter, independently and without |
23 | specific direction of the director. |
24 | 28-60-14. Severability. |
25 | If any provision of this chapter, or any application of any provision of this chapter, is held |
26 | to be invalid, that shall not affect the validity or effectiveness of any other provision of this chapter, |
27 | or of any other application of any provision of this chapter, which can be given effect without that |
28 | provision or application; and to that end, the provisions and applications of this chapter are |
29 | severable. |
30 | 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 | |
*** | |
1 | This act would require employers to provide each employee, defined as a nonexempt |
2 | employee who works at a warehouse distribution center, upon hire or within thirty (30) days of the |
3 | effective date of this chapter, with a written description of each quota to which the employee is |
4 | subject, including the quantified number of tasks to be performed or materials to be produced or |
5 | handled, within the defined time period and any potential adverse employment action that could |
6 | result from failure to meet the quota. This act also would provide each employee with protections |
7 | against quotas and remedies for violations of those protections, including, but not limited to, |
8 | unlawful retaliation or dismissal. |
9 | This act would take effect on September 1, 2024. |
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