Full Text of HB2547 103rd General Assembly
HB2547eng 103RD GENERAL ASSEMBLY |
| | HB2547 Engrossed | | LRB103 30799 RPS 57292 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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, | 17 | | including hours, minutes, seconds, and any fraction thereof.
| 18 | | "Designated employee representative" means any employee | 19 | | representative, including, but not limited to, an authorized | 20 | | employee representative who has a collective bargaining | 21 | | relationship with the employer. | 22 | | "Director" means the Director of Labor. | 23 | | "Employee" means a nonadministrative employee who is not |
| | | HB2547 Engrossed | - 2 - | LRB103 30799 RPS 57292 b |
|
| 1 | | exempt from the overtime and minimum wage requirements of the | 2 | | federal Fair Labor Standards Act of 1938, as amended, and who | 3 | | works at a warehouse distribution center and is subject to a | 4 | | quota as defined in this Section. "Employee" does not include | 5 | | a driver or courier to or from a warehouse distribution | 6 | | center.
| 7 | | "Employee work speed data" means information an employer | 8 | | collects, stores, analyzes, or interprets relating to an | 9 | | individual employee's performance of a quota, including, but | 10 | | not limited to, quantities of tasks performed, quantities of | 11 | | items or materials handled or produced, rates or speeds of | 12 | | tasks performed, measurements or metrics of employee | 13 | | performance in relation to a quota, and time categorized as | 14 | | performing tasks or not performing tasks.
"Employee work speed | 15 | | data" does not include itemized wage statements or data that | 16 | | does not relate to the performance of a quota, except for any | 17 | | content of those records that includes employee work speed | 18 | | data. | 19 | | "Employer" means a person who directly or indirectly, or | 20 | | through an agent or any other person, including through the | 21 | | services of a third-party employer, temporary services or | 22 | | staffing agency, independent contractor, or any similar | 23 | | entity, employs or exercises control over the wages, hours, or | 24 | | working conditions of 100 or more employees at a single | 25 | | warehouse distribution center in the State or 1,000 or more | 26 | | employees at one or more warehouse distribution centers in the |
| | | HB2547 Engrossed | - 3 - | LRB103 30799 RPS 57292 b |
|
| 1 | | State. For the purposes of this definition, all employees of a | 2 | | controlled group of corporations shall be counted in | 3 | | determining the number of employees employed at a single | 4 | | warehouse distribution center or at one or more warehouse | 5 | | distribution centers in the State.
| 6 | | "Person" means an individual, corporation, partnership, | 7 | | limited partnership, limited liability partnership, limited | 8 | | liability company, business trust, estate, trust, association, | 9 | | joint venture, agency, instrumentality, or any other legal or | 10 | | commercial entity, whether domestic or foreign.
| 11 | | "Quota" means a work performance standard under which:
| 12 | | (1) an employee is assigned or required to perform at | 13 | | a specified productivity speed or a quantified number of | 14 | | tasks or to handle or produce a quantified amount of | 15 | | material within a defined time period and under which the | 16 | | employee may suffer an adverse employment action if the | 17 | | employee fails to complete or meet the performance | 18 | | standard; or
| 19 | | (2) categorizes and measures an employee's actions | 20 | | between time performing tasks and not performing tasks, | 21 | | and the employee's failure to complete or meet a task | 22 | | performance standard may lead to an adverse employment | 23 | | action.
| 24 | | "Warehouse distribution center" means an establishment as | 25 | | defined by any of the following North American Industry | 26 | | Classification System (NAICS) codes, however such |
| | | HB2547 Engrossed | - 4 - | LRB103 30799 RPS 57292 b |
|
| 1 | | establishment is denominated:
| 2 | | (1) 493 for Warehousing and Storage, but does not | 3 | | include 493130 for Farm Product Warehousing and Storage;
| 4 | | (2) 423 for Merchant Wholesalers, Durable Goods;
| 5 | | (3) 424 for Merchant Wholesalers, Nondurable Goods, | 6 | | but does not include 424510 for Grain and Field Bean | 7 | | Merchant Wholesalers, 424520 for Livestock Merchant | 8 | | Wholesalers, and 424590 for Other Farm Product Raw | 9 | | Material Wholesalers;
| 10 | | (4) 454110 for Electronic Shopping and Mail-Order | 11 | | Houses; or
| 12 | | (5) 492110 for Couriers and Express Delivery Services.
| 13 | | Section 10. Disclosure of quotas. Each employer shall | 14 | | provide to each employee, upon hire or within 30 days after the | 15 | | effective date of this Act, whichever is later, a written | 16 | | description of each quota to which the employee is subject, | 17 | | including the quantified number of tasks to be performed or | 18 | | materials to be produced or handled within the defined time | 19 | | period, and any potential adverse employment action that could | 20 | | result from failure to meet the quota. Each time the quota | 21 | | changes thereafter, the employer shall provide an updated | 22 | | written description of each quota to which the employee is | 23 | | subject within 2 business days of the quota change. If an | 24 | | employer takes an adverse employment action against an | 25 | | employee based on a quota, the employee has a right to request, |
| | | HB2547 Engrossed | - 5 - | LRB103 30799 RPS 57292 b |
|
| 1 | | and the employer shall provide, a written explanation | 2 | | regarding the manner in which the employee failed to perform, | 3 | | including the applicable quota and comparison of the | 4 | | employee's work performance in relation to that quota.
If an | 5 | | employee requests a written description of the quotas to which | 6 | | the employee was subject and a copy of the employee's own | 7 | | personal work speed data pursuant to this Section, the | 8 | | employer shall comply with this request as soon as | 9 | | practicable, but no later than 3 calendar days after the date | 10 | | of the request. | 11 | | Section 15. Protection from quotas. An employee shall not | 12 | | be required to meet a quota that prevents compliance with meal | 13 | | or rest periods or use of bathroom facilities, including | 14 | | reasonable travel time to and from bathroom facilities. An | 15 | | employer shall not take adverse employment action against an | 16 | | employee for failure to meet a quota that does not allow a | 17 | | worker to comply with meal and rest periods or for failure to | 18 | | meet a quota that has not been disclosed to the employee | 19 | | pursuant to Section 10. | 20 | | Section 20. Time on task. Consistent with existing law, | 21 | | paid and unpaid breaks shall not be considered productive time | 22 | | for the purpose of any quota or monitoring system unless the | 23 | | employee is required to remain on call. |
| | | HB2547 Engrossed | - 6 - | LRB103 30799 RPS 57292 b |
|
| 1 | | Section 25. Recordkeeping.
Each employer shall establish, | 2 | | maintain, and preserve for 3 years contemporaneous, true, and | 3 | | accurate records to ensure compliance with employee and | 4 | | Director requests for data.
Nothing in this Section shall | 5 | | require an employer to keep such records if such employer does | 6 | | not use quotas or monitor work speed data as a performance | 7 | | standard that leads to an adverse employment action. An | 8 | | employer is not obligated to produce data that does not | 9 | | constitute employee work speed data. | 10 | | Section 30. Employee's right to request records.
| 11 | | (a) A current employee has the right to request a written | 12 | | description of each quota to which the employee is subject. If | 13 | | a current or former employee believes that the current or | 14 | | former employee has received an adverse employment action as | 15 | | the result of failing to meet a quota, or that meeting a quota | 16 | | caused a violation of the employee's right to a meal or rest | 17 | | period or use of bathroom facilities, the current or former | 18 | | employee has the right to request, and the employer shall | 19 | | provide, a written description of each quota to which the | 20 | | employee is subject, a copy of the most recent 90 days of the | 21 | | employee's own personal work speed data, and a copy of the | 22 | | aggregated work speed data for similar employees at the same | 23 | | establishment for the same time period.
| 24 | | (b) Requested records under this Section shall be provided | 25 | | at no cost to the current or former employee.
|
| | | HB2547 Engrossed | - 7 - | LRB103 30799 RPS 57292 b |
|
| 1 | | (c) Nothing in this Section shall require an employer to | 2 | | use quotas or monitor work speed data. An employer that does | 3 | | not monitor this data has no obligation to provide it.
| 4 | | (d) The rights afforded under this Section are independent | 5 | | of any other right afforded to an employee or former employee | 6 | | under any State or federal law, including, but not limited to, | 7 | | the Personnel Records Review Act, to access documents | 8 | | maintained by an employer. | 9 | | Section 35. Unlawful retaliation.
For purposes of this | 10 | | Act, there shall be a rebuttable presumption of unlawful | 11 | | retaliation if an employer takes any adverse employment action | 12 | | against an employee within 90 days of the employee doing | 13 | | either of the following:
| 14 | | (1) Initiating the employee's first request in a | 15 | | calendar year for information about a quota or personal | 16 | | work speed data pursuant to Section 30 of this Act.
| 17 | | (2) Making a complaint related to a quota alleging any | 18 | | violation of Sections 10, 15, or 20 of this Act, | 19 | | inclusive, to the Director, the Department, or the | 20 | | employer.
| 21 | | Section 40. Notice to employees. Every employer covered by | 22 | | this Act shall post and keep posted, in conspicuous places on | 23 | | the premises of the employer where notices to employees are | 24 | | customarily posted, a notice, to be prepared or approved by |
| | | HB2547 Engrossed | - 8 - | LRB103 30799 RPS 57292 b |
|
| 1 | | the Director of Labor, regarding employees' rights under this | 2 | | Act, including what constitutes a permissible quota and | 3 | | employees' right to request quota and work speed data | 4 | | information, and making a complaint to various State | 5 | | authorities regarding a violation of an employee's quota | 6 | | rights under this Act. | 7 | | Section 45. Enforcement. The Department of Labor shall | 8 | | adopt rules to implement and enforce this Act. The Director | 9 | | shall be authorized to enforce this Act and to assess damages | 10 | | payable to the employee and civil penalties. | 11 | | Section 50. Workplace inspections. If a particular work | 12 | | site or employer that uses quotas as a performance standard to | 13 | | determine adverse employment actions and is subject to this | 14 | | Act is found to have an annual employee injury rate of at least | 15 | | 1.5 times as high as the warehousing industry's average annual | 16 | | injury rate as published by the Bureau of Labor Statistics' | 17 | | most recent fatal and non-fatal occupational injuries and | 18 | | illnesses data, the Director shall determine whether an | 19 | | investigation of violations pursuant to this Act, if relevant | 20 | | to the Director's authority, is appropriate. | 21 | | Section 55. Private right of action. A current or former | 22 | | employee or his or her designated employee representative may | 23 | | bring an action for injunctive relief to obtain compliance |
| | | HB2547 Engrossed | - 9 - | LRB103 30799 RPS 57292 b |
|
| 1 | | with Sections 10, 15, 20, and 30 and may, upon prevailing in | 2 | | the action, recover costs and reasonable attorney's fees in | 3 | | such action. In any action involving a quota that prevented | 4 | | the compliance with applicable regulations on workplace safety | 5 | | and health or meal or rest break requirements, the injunctive | 6 | | relief shall be limited to suspension of the quota and any | 7 | | adverse action that resulted from its enforcement by the | 8 | | employer. | 9 | | Section 60. Attorney General; powers. The Attorney | 10 | | General, pursuant to the authority under Section 6.3 of the | 11 | | Attorney General Act, may initiate or intervene in a civil | 12 | | action in the name of the People of the State in any circuit | 13 | | court to obtain all appropriate relief for violations | 14 | | established under this Act.
| 15 | | Section 97. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes. | 17 | | Section 99. Effective date. This Act takes effect January | 18 | | 1, 2024. |
|