Quota Requirements, Prohibitions, and Employee Requests Under the Warehouse Worker Protection Act

Employers are mandated to provide a written description of each quota that their employees are subject to upon hire.

The written description must include the number of tasks to be performed, materials produced or handled, the applicable time period in which the tasks need to be performed, and any adverse employment actions that could materialize from failure to meet the quota. If a quota changes, an employer must tell employees, in writing, within two business days of the change.

If an employer takes any adverse employment action against an employee, they must again provide the employee with the written description of the quota that the employee is subject to. An employer is prohibited from taking adverse employment action against an employee regarding a quota if they have not disclosed it to the employee.

Employers must provide quotas in English, as well as any other language identified by an employee as their primary language.

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

Quotas cannot prevent an employee from taking lawful meal or rest periods or using bathroom facilities, including reasonable travel time to and from bathroom facilities. Employers are prohibited from taking adverse employment actions against an employee for failure to meet a quota that violates their lawful right to take meal or rest periods or use the bathroom.

Employers cannot take an adverse employment action against an employee for failure to meet a quota that has not been disclosed to the employee as required under the Act.

Paid and unpaid breaks are prohibited from being considered productive time for the purpose of monitoring compliance with a quota unless the employee is required to remain on call.

Employees have the right to request a written description of each quota to which they are subject, at any time.

Current and former employees have the right to request the following information if they believe that they have been disciplined as the result of failing to meet a quota, or that meeting a quota caused a violation of their right to a meal or rest period or use of bathroom facilities, including reasonable travel time to and from bathroom facilities:

• a written description of the quota to which they are subject;
• a copy of the most recent 90 days of the employee’s own personal work speed data; and
• a copy of the aggregate work speed data for similar employees at the same establishment during the same time period.

A former employee has a right to make this request as well, but is limited to one request of this nature.

The employer is required to provide the above requested information no later than 14 calendar days from the date of the request, and at no cost to the current or former employee.

Any written description of the quota or personal work speed data provided must be provided in English and in the language identified by the current or former employee as their primary language.