ALBANY, N.Y. — Employees who work in distribution centers or warehouses now have protections in place in New York State.
New York Governor Kathy Hochul announced Monday that legislation is now in place to protect warehouse workers from unreasonably demanding work quotas.
The Warehouse Protection Act requires distribution centers to disclose work speed data to current and former employees to inform them about their job performance. It also protects workers from any disciplinary action or firing because of a failure to meet undisclosed quotas or performance standards.
"New York's warehouse workers deserve to be treated with fairness, dignity, and respect, and we are making a significant stride toward achieving that," Hochul said in a release. "I was proud to sign the Warehouse Worker Protection Act to address unreasonable work quotas and provide warehouse workers with protections from retaliation by their employers. With this legislation now in effect, we are holding firm to our commitment to ensure fairer and safer workplaces for all New Yorkers."
Employees can request the quota information at any time, and are protected from:
- Being forced to work through meals to make quota
- Limiting use of bathroom facilities to make quota
- Retaliation from an employer relating to requesting quota information or reporting violations related to quotas
New York State Department of Labor Commissioner Roberta Reardon said, "Our warehouse workers play a significant role in keeping our supply chain moving, and they deserve to be treated fairly and equitably. I thank Governor Hochul and the legislature for putting the Warehouse Worker Protection Act in place to ensure these workers are not taken advantage of and are given the protections they deserve."
Under New York State law, a warehouse distribution center is defined using the North American Industry Classification System codes for warehousing and storage (excluding farm product warehousing and storage), merchant wholesalers, electronic shopping and mail-order houses, and couriers and express delivery services.
Mario Cilento, President of the New York State AFL-CIO, said, "Warehouse workers suffer serious work-related injuries at a rate more than twice the average for all private industries. These workers routinely spend entire shifts speeding through tasks in an attempt to meet quotas mandated by their employers, all too often suffering musculoskeletal and repetitive stress injuries as a result. The Warehouse Worker Protection Act provides long overdue limits to protect warehouse workers from inhumane quotas, and to protect them from retaliation for asserting their rights under this law. We thank Governor Hochul for once again prioritizing critical worker protections."
If an employee feels their employer violated the protection act, they can request a written description of the quote, a copy of the most recent 90 days of personal work speed data and a copy of the aggregate work speed data for similar employees at their workplace during the same time period.
Employers must respond with that information in writing no later than 14 calendar days after a request is made. Employers must also share quotas with employees in writing of each quota they are expected to meet within 30 days of the employees start date.
For more information on the Warehouse Worker Protection Act, visit the NYSDOL website. To report a violation of this law, email labor.sm.warehouse.worker.claims@labor.ny.gov.
