The proposed bill introduces the "Warehouse Worker Protection Act" as a new chapter in Title 28 of the General Laws, aimed at safeguarding the rights of nonexempt employees working in warehouse distribution centers. Key provisions include:
1. **Written Quota Disclosure**: Employers are required to provide each employee, upon hire, with a written description of each quota to which the employee is subject. This includes the quantified number of tasks to be performed or materials to be produced or handled within a defined time period, as well as any potential adverse employment actions that could result from failing to meet the quota. Employers must also disclose any changes to quotas at least two days in advance of their implementation.
2. **Meal and Rest Periods**: Employees cannot be required to meet quotas that prevent compliance with meal or rest periods, use of bathroom facilities, or occupational health and safety laws. Employers are prohibited from taking adverse employment actions against employees for failing to meet quotas that interfere with these rights.
3. **Employee Information Requests**: Employees may request a written description of their quota and a copy of their own speed data, as well as aggregated work speed data for comparable employees. Employers must respond to these requests within twenty-one days. Employees can make one request for data every ninety days, unless there is a pending disciplinary action or the request coincides with a performance review.
4. **Unlawful Retaliation**: The act establishes a rebuttable presumption of unlawful retaliation if an employer discriminates, retaliates, or takes adverse action against an employee for exercising their rights under the act. This presumption lasts for ninety days following the exercise of rights or termination of employment.
5. **Enforcement**: The Department of Labor and Training is tasked with adopting rules to implement and enforce the chapter. The director is authorized to enforce the provisions and assess damages payable to employees, as well as civil penalties. Current or former employees may bring actions for injunctive relief to ensure compliance and recover costs and reasonable attorney's fees upon prevailing.
The act is set to take effect on January 1, 2027.