Overview
As of June 19, 2023, New York State has enacted a law to protect workers in the warehousing and storage, merchant wholesaler, electronic stores, mail-order house, courier and express delivery service industries.
The Warehouse Worker Protection Act creates new legal requirements for employers and employees in certain warehouse distribution centers. Under the law, there are new employer requirements as well as new 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 quotes or quotas that do not allow for proper breaks. Workers are also protected from retaliation for making a complaint because they believe a quota violates their right to proper break time.
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 the 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.
Workplaces Covered Under the Law
This law applies to employers and employees at certain warehouse distribution centers. Under this law, 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 (including both durable and non-durable goods); electronic shopping and mail-order houses; as well as couriers and express delivery services.
These establishments are defined by any of the following North American Industry Classification System (NAICS) Codes:
- 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
Frequently Asked Questions (FAQ) & Fact Sheet
File a Complaint
To be eligible to file a complaint, you must work in a warehouse distribution center that employs at least 100 workers, or for an employer that employs over 1,000 employees in multiple warehouse distribution centers within New York State. Drivers or couriers to and from a warehouse are not included in this law.
NYS DOL is authorized to assess civil penalties in addition to any other remedy or penalty provided for in the Labor Law. You may also file a separate complaint with the NYS Attorney General, who can prosecute both civil and criminal actions for violations of this law independently.
You can also submit a .pdf complaint form.
Note: To submit the .pdf complaint form, you MUST download the form and save it to your computer. This form must be opened using Adobe Acrobat. When you have filled out the form, use the "Submit" button at the bottom of the form. The complaint form will not work if you do not download it first.