Substitute Bill No. 412 is designed to protect warehouse workers by establishing requirements for employers regarding quotas and work speed data. The bill defines relevant terms and sets the scope of application, focusing on entities with a significant number of employees at warehouse distribution centers. It requires employers to provide written descriptions of quotas, including consequences for not meeting them, and mandates that quotas should not impede on legally mandated breaks or be unreasonably short-term or solely based on employee rankings. Employers must maintain records of work speed data and quotas for three years and provide this information to employees upon request. The bill also includes provisions for former employees to request their work speed data and quota descriptions for the 90 days prior to their separation from employment.
The bill prohibits employers from retaliating against employees who request their work speed data or file a civil action under the act, establishing a rebuttable presumption of violation if adverse action is taken within ninety days of such a request or action. It allows for civil actions by aggrieved employees or the Attorney General, with potential remedies including damages, civil penalties, and attorney's fees. Civil penalties for violations range from one to three thousand dollars. Additionally, the Workers' Compensation Commission will monitor injury rates at warehouse distribution centers and may notify the Labor Commissioner to investigate if rates exceed certain thresholds. The act amends current law with new sections effective October 1, 2024, and has been favorably reviewed by the LCO.