Full Text of HB2547 103rd General Assembly
HB2547ham003 103RD GENERAL ASSEMBLY | Rep. Kevin John Olickal Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2547
| 2 | | AMENDMENT NO. ______. Amend House Bill 2547 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Warehouse Worker Protection Act. | 6 | | Section 5. Definitions.
As used in this Act: | 7 | | "Aggregated work speed data" means a compilation of | 8 | | employee work speed data for multiple employees, in summary | 9 | | form, assembled in full or in another form such that the data | 10 | | cannot be identified with any individual. | 11 | | "Controlled group of corporations" has the meaning given | 12 | | to that term under Section 1563 of the Internal Revenue Code, | 13 | | 26 U.S.C. 1563, except that 50% shall be substituted for 80% | 14 | | where 80% is specified in that definition.
| 15 | | "Defined time period" means any unit of time measurement | 16 | | equal to or less than the duration of an employee's shift, |
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| 1 | | including hours, minutes, seconds, and any fraction thereof.
| 2 | | "Designated employee representative" means any employee | 3 | | representative, including, but not limited to, an authorized | 4 | | employee representative who has a collective bargaining | 5 | | relationship with the employer. | 6 | | "Director" means the Director of Labor. | 7 | | "Employee" means a nonadministrative employee who is not | 8 | | exempt from the overtime and minimum wage requirements of the | 9 | | federal Fair Labor Standards Act of 1938, as amended, and who | 10 | | works at a warehouse distribution center and is subject to a | 11 | | quota as defined in this Section. "Employee" does not include | 12 | | a driver or courier to or from a warehouse distribution | 13 | | center.
| 14 | | "Employee work speed data" means information an employer | 15 | | collects, stores, analyzes, or interprets relating to an | 16 | | individual employee's performance of a quota, including, but | 17 | | not limited to, quantities of tasks performed, quantities of | 18 | | items or materials handled or produced, rates or speeds of | 19 | | tasks performed, measurements or metrics of employee | 20 | | performance in relation to a quota, and time categorized as | 21 | | performing tasks or not performing tasks.
"Employee work speed | 22 | | data" does not include itemized wage statements or data that | 23 | | does not relate to the performance of a quota, except for any | 24 | | content of those records that includes employee work speed | 25 | | data. | 26 | | "Employer" means a person who directly or indirectly, or |
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| 1 | | through an agent or any other person, including through the | 2 | | services of a third-party employer, temporary services or | 3 | | staffing agency, independent contractor, or any similar | 4 | | entity, employs or exercises control over the wages, hours, or | 5 | | working conditions of 100 or more employees at a single | 6 | | warehouse distribution center in the State or 1,000 or more | 7 | | employees at one or more warehouse distribution centers in the | 8 | | State. For the purposes of this definition, all employees of a | 9 | | controlled group of corporations shall be counted in | 10 | | determining the number of employees employed at a single | 11 | | warehouse distribution center or at one or more warehouse | 12 | | distribution centers in the State.
| 13 | | "Person" means an individual, corporation, partnership, | 14 | | limited partnership, limited liability partnership, limited | 15 | | liability company, business trust, estate, trust, association, | 16 | | joint venture, agency, instrumentality, or any other legal or | 17 | | commercial entity, whether domestic or foreign.
| 18 | | "Quota" means a work performance standard under which:
| 19 | | (1) an employee is assigned or required to perform at | 20 | | a specified productivity speed or a quantified number of | 21 | | tasks or to handle or produce a quantified amount of | 22 | | material within a defined time period and under which the | 23 | | employee may suffer an adverse employment action if the | 24 | | employee fails to complete or meet the performance | 25 | | standard; or
| 26 | | (2) categorizes and measures an employee's actions |
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| 1 | | between time performing tasks and not performing tasks, | 2 | | and the employee's failure to complete or meet a task | 3 | | performance standard may lead to an adverse employment | 4 | | action.
| 5 | | "Warehouse distribution center" means an establishment as | 6 | | defined by any of the following North American Industry | 7 | | Classification System (NAICS) codes, however such | 8 | | establishment is denominated:
| 9 | | (1) 493 for Warehousing and Storage, but does not | 10 | | include 493130 for Farm Product Warehousing and Storage;
| 11 | | (2) 423 for Merchant Wholesalers, Durable Goods;
| 12 | | (3) 424 for Merchant Wholesalers, Nondurable Goods, | 13 | | but does not include 424510 for Grain and Field Bean | 14 | | Merchant Wholesalers, 424520 for Livestock Merchant | 15 | | Wholesalers, and 424590 for Other Farm Product Raw | 16 | | Material Wholesalers;
| 17 | | (4) 454110 for Electronic Shopping and Mail-Order | 18 | | Houses; or
| 19 | | (5) 492110 for Couriers and Express Delivery Services.
| 20 | | Section 10. Disclosure of quotas. Each employer shall | 21 | | provide to each employee, upon hire or within 30 days after the | 22 | | effective date of this Act, whichever is later, a written | 23 | | description of each quota to which the employee is subject, | 24 | | including the quantified number of tasks to be performed or | 25 | | materials to be produced or handled within the defined time |
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| 1 | | period, and any potential adverse employment action that could | 2 | | result from failure to meet the quota. Each time the quota | 3 | | changes thereafter, the employer shall provide an updated | 4 | | written description of each quota to which the employee is | 5 | | subject within 2 business days of the quota change. If an | 6 | | employer takes an adverse employment action against an | 7 | | employee based on a quota, the employee has a right to request, | 8 | | and the employer shall provide, a written explanation | 9 | | regarding the manner in which the employee failed to perform, | 10 | | including the applicable quota and comparison of the | 11 | | employee's work performance in relation to that quota.
If an | 12 | | employee requests a written description of the quotas to which | 13 | | the employee was subject and a copy of the employee's own | 14 | | personal work speed data pursuant to this Section, the | 15 | | employer shall comply with this request as soon as | 16 | | practicable, but no later than 3 calendar days after the date | 17 | | of the request. | 18 | | Section 15. Protection from quotas. An employee shall not | 19 | | be required to meet a quota that prevents compliance with meal | 20 | | or rest periods or use of bathroom facilities, including | 21 | | reasonable travel time to and from bathroom facilities. An | 22 | | employer shall not take adverse employment action against an | 23 | | employee for failure to meet a quota that does not allow a | 24 | | worker to comply with meal and rest periods or for failure to | 25 | | meet a quota that has not been disclosed to the employee |
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| 1 | | pursuant to Section 10. | 2 | | Section 20. Time on task. Consistent with existing law, | 3 | | paid and unpaid breaks shall not be considered productive time | 4 | | for the purpose of any quota or monitoring system unless the | 5 | | employee is required to remain on call. | 6 | | Section 25. Recordkeeping.
Each employer shall establish, | 7 | | maintain, and preserve for 3 years contemporaneous, true, and | 8 | | accurate records to ensure compliance with employee and | 9 | | Director requests for data.
Nothing in this Section shall | 10 | | require an employer to keep such records if such employer does | 11 | | not use quotas or monitor work speed data as a performance | 12 | | standard that leads to an adverse employment action. An | 13 | | employer is not obligated to produce data that does not | 14 | | constitute employee work speed data. | 15 | | Section 30. Employee's right to request records.
| 16 | | (a) A current employee has the right to request a written | 17 | | description of each quota to which the employee is subject. If | 18 | | a current or former employee believes that the current or | 19 | | former employee has received an adverse employment action as | 20 | | the result of failing to meet a quota, or that meeting a quota | 21 | | caused a violation of the employee's right to a meal or rest | 22 | | period or use of bathroom facilities, the current or former | 23 | | employee has the right to request, and the employer shall |
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| 1 | | provide, a written description of each quota to which the | 2 | | employee is subject, a copy of the most recent 90 days of the | 3 | | employee's own personal work speed data, and a copy of the | 4 | | aggregated work speed data for similar employees at the same | 5 | | establishment for the same time period.
| 6 | | (b) Requested records under this Section shall be provided | 7 | | at no cost to the current or former employee.
| 8 | | (c) Nothing in this Section shall require an employer to | 9 | | use quotas or monitor work speed data. An employer that does | 10 | | not monitor this data has no obligation to provide it.
| 11 | | (d) The rights afforded under this Section are independent | 12 | | of any other right afforded to an employee or former employee | 13 | | under any State or federal law, including, but not limited to, | 14 | | the Personnel Records Review Act, to access documents | 15 | | maintained by an employer. | 16 | | Section 35. Unlawful retaliation.
For purposes of this | 17 | | Act, there shall be a rebuttable presumption of unlawful | 18 | | retaliation if an employer takes any adverse employment action | 19 | | against an employee within 90 days of the employee doing | 20 | | either of the following:
| 21 | | (1) Initiating the employee's first request in a | 22 | | calendar year for information about a quota or personal | 23 | | work speed data pursuant to Section 30 of this Act.
| 24 | | (2) Making a complaint related to a quota alleging any | 25 | | violation of Sections 10, 15, or 20 of this Act, |
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| 1 | | inclusive, to the Director, the Department, or the | 2 | | employer.
| 3 | | Section 40. Notice to employees. Every employer covered by | 4 | | this Act shall post and keep posted, in conspicuous places on | 5 | | the premises of the employer where notices to employees are | 6 | | customarily posted, a notice, to be prepared or approved by | 7 | | the Director of Labor, regarding employees' rights under this | 8 | | Act, including what constitutes a permissible quota and | 9 | | employees' right to request quota and work speed data | 10 | | information, and making a complaint to various State | 11 | | authorities regarding a violation of an employee's quota | 12 | | rights under this Act. | 13 | | Section 45. Enforcement. The Department of Labor shall | 14 | | adopt rules to implement and enforce this Act. The Director | 15 | | shall be authorized to enforce this Act and to assess damages | 16 | | payable to the employee and civil penalties. | 17 | | Section 50. Workplace inspections. If a particular work | 18 | | site or employer that uses quotas as a performance standard to | 19 | | determine adverse employment actions and is subject to this | 20 | | Act is found to have an annual employee injury rate of at least | 21 | | 1.5 times as high as the warehousing industry's average annual | 22 | | injury rate as published by the Bureau of Labor Statistics' | 23 | | most recent fatal and non-fatal occupational injuries and |
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| 1 | | illnesses data, the Director shall determine whether an | 2 | | investigation of violations pursuant to this Act, if relevant | 3 | | to the Director's authority, is appropriate. | 4 | | Section 55. Private right of action. A current or former | 5 | | employee or his or her designated employee representative may | 6 | | bring an action for injunctive relief to obtain compliance | 7 | | with Sections 10, 15, 20, and 30 and may, upon prevailing in | 8 | | the action, recover costs and reasonable attorney's fees in | 9 | | such action. In any action involving a quota that prevented | 10 | | the compliance with applicable regulations on workplace safety | 11 | | and health or meal or rest break requirements, the injunctive | 12 | | relief shall be limited to suspension of the quota and any | 13 | | adverse action that resulted from its enforcement by the | 14 | | employer. | 15 | | Section 60. Attorney General; powers. The Attorney | 16 | | General, pursuant to the authority under Section 6.3 of the | 17 | | Attorney General Act, may initiate or intervene in a civil | 18 | | action in the name of the People of the State in any circuit | 19 | | court to obtain all appropriate relief for violations | 20 | | established under this Act.
| 21 | | Section 97. Severability. The provisions of this Act are | 22 | | severable under Section 1.31 of the Statute on Statutes. |
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2024.".
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