Overview
The Warehouse Workers Protection Act 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.
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.