Overview
Employees covered by the Warehouse Worker Protection Act 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.
Recordkeeping
Employers are required to establish, maintain, and preserve true, and accurate records in real time regarding an employee’s work speed data and the injury reduction program for three years to ensure compliance with employee or New York State Department of Labor requests for data.
Unlawful Retaliation
Retaliation is illegal regardless of when it occurs. Under the Warehouse Worker Protection Act, employers are responsible for ensuring that no manager or supervisor retaliates against a warehouse worker for reporting a health and safety concern. Employers must have a company policy that if a manager or supervisor is found to have retaliated against an employee, they will face disciplinary action.
Additionally, the Warehouse Worker Protection Act requires employers to prove that they did not retaliate if they take adverse action against an employee within 90 days of that employee:
initiating their first request in a calendar year for information about a quota or personal work speed data as permitted under the Act;
making a complaint related to a quota alleging any violation of the Act to the Commissioner of Labor, the Department of Labor, another local or state governmental agency, or to you as the employer; or
making a complaint related to the injury reduction program.
Retaliation is still unlawful even if it has occurred beyond 90 days of the employee exercising their rights under the Act or making a complaint.
Frequently Asked Questions
File a Complaint
In order to file a complaint, you must work or have previously worked 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.
NYSDOL 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.
Employees can file a complaint online, by email, or by mail.
Online: You may file a complaint using the online portal here:
Email: You may file a complaint by emailing a completed SH550 to: [email protected]
Mail: You may mail a complaint by printing and mailing a completed SH550 to:
Safety, Health, and Essential Rights
1220 Washington Ave
Building 12, Room 169
Albany, NY 12226