Warehouse Worker Protection Act

The Warehouse Workers Protection Act establishes legal requirements for employers and employees in certain warehouse distribution centers. Under the law, there are employer requirements as well as rights for warehouse employees. 

The law requires distribution centers to disclose work speed data to current and former employees to inform them about their job performance and rights in the workplace. The legislation also protects workers from disciplinary action or firing exclusively because of a failure to meet undisclosed speed quotas or quotas that do not allow for proper breaks. Starting June 1, 2025, employers must establish and implement an injury reduction program to identify and minimize the risk of ​​work-related musculoskeletal disorders to workers. 

Workers are also protected from retaliation for making a complaint because they believe a quota violates their right to proper break time and, effective June 1, 2025, making a complaint about an injury reduction program. 

The law applies to any employer who directly or indirectly employs or has control over the wages, hours, or working conditions of either 100 or more employees at a single warehouse distribution center or 1000 or more employees at one or more warehouse distribution centers in ​New York State​​. A “warehouse distribution center” is defined using the ​​North American Industry Classification System (NAICS)​ codes for warehousing and storage (excluding farm product warehousing and storage), merchant wholesalers, and electronic shopping and mail order houses, as well as couriers and express delivery services. 

Employees covered by this law are those that work at a warehouse distribution center, are subject to quotas, and are not exempt from the minimum wage or applicable minimum wage orders, or any overtime compensation provisions of the Labor Law. Drivers or couriers to and from a warehouse are not included in this law. 

The Act does not require employers to use quotas or monitor work speed data and only applies to employers who choose to do so.

Learn more about ​Quota​​ ​Requirements, Prohibitions, and Employee Requests

 The law applies to employers and employees at certain warehouse ​distribution​​​ centers. ​A ​​​​warehouse distribution center​ is defined ​using ​the North American Industry Classification System (NAICS) codes for warehousing and storage (excluding farm product warehousing and storage), merchant wholesalers, and electronic shopping and mail order houses, as well as couriers and express delivery services. The specific NAICS codes are:  

• 493- Warehousing and Storage (excludes 493130- Farm Product Warehousing and Storage);

• 423- Merchant Wholesalers, durable goods;

• 424- Merchant Wholesalers, non-durable goods;

• 454, 110- Electronic Shopping, Mail-Order houses;

• 492, 110- Couriers, Express Delivery Services;