2026 -- H 7364 SUBSTITUTE A

========

LC004101/SUB A/2

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

____________

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER

PROTECTION ACT

     Introduced By: Representatives Shanley, Slater, Bennett, Craven, and Knight

     Date Introduced: January 28, 2026

     Referred To: House Labor

     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

LC004101/SUB A/2 - Page 2 of 5

or 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

LC004101/SUB A/2 - Page 3 of 5

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.

========

LC004101/SUB A/2

========

LC004101/SUB A/2 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER

PROTECTION ACT

***

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

employee who works at a warehouse distribution center, upon hire, with 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 failure to meet the quota.

     This act would take effect on January 1, 2027.

========

LC004101/SUB A/2

========

LC004101/SUB A/2 - Page 5 of 5