Learn More About How This Law Impacts Worlkers
Frequently Asked Questions for Employees
Q: What workplaces are covered under this law as a warehouse distribution center?
A: The Act defines the term “warehouse distribution center” 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.
Q: I work in a Warehouse Distribution Center, how do I know if this law applies to me?
A: The Warehouse Worker Protection Act applies to you if you can claim all of the following:
- You work at a “warehouse distribution center as defined in the previous question”
- You work for an employer who employs 100 or more employees at a single warehouse distribution center, or 1000 or more employees at multiple warehouse distribution centers in New York State,
- You are not exempt from the minimum wage and any overtime compensation provisions of the Labor Law, or any applicable minimum wages orders, and
- You are not a driver or courier to and from the warehouse
Q: What is a quota under the Act?
A: A quota is a work standard that requires an employee to perform at a specified productivity speed, complete a quantified number of tasks, handle or produce a quantified amount of material within a defined time-period, or meet a similar type of performance standard for which an employee may be disciplined if they fail to complete it. A quota also exists where an employee’s actions are categorized between time performing tasks and not performing tasks, and the failure to complete a task performance standard or recommendation may have an adverse impact on the employee’s employment or other conditions of employment.
Q: When is my employer required to provide me information regarding quotas?
A: Within thirty days of the effective date of the Act, which is July 19, 2023, your employer is required to provide you with a written description of each quota you are expected to meet. If you are just starting your employment, your employer must provide you with this information upon hire. In addition, if there are any changes to the quota, your employer must let you know in writing at least two business days after those changes are made. If your employer takes any adverse employment action against you, which may include discipline or even termination, they must again provide you with the quotas in writing.
Q: What information about quotas is my employer required to give me?
A: The written description of the quota must include the number of tasks to be performed, materials produced or handled, the applicable time-period in which the tasks must be performed, and any adverse employment actions that could materialize from failure to meet the quota. Any time the written description of the quota is provided to you, it must be provided in both English and any other language identified by you as your primary language.
Q: Can I be disciplined or terminated for failing to meet a quota I did not know about?
A: No. an employer is prohibited from taking an adverse employment action, which could include discipline or termination, against you for failure to meet a quota if they have not disclosed the quota to you in writing in the manner required by the law.
Q: Can I be disciplined or terminated for failure to meet a quota because I took a meal or rest period or used the bathroom?
A: No, your employer is prohibited from setting a quota that prevents you from exercising your rights under the law to take a meal or rest period or use bathroom facilities, including reasonable travel time to and from bathroom facilities. In addition, paid and unpaid breaks are prohibited from being considered productive time for the purpose of monitoring compliance with a quota unless you are required to remain on call. Your employer is prohibited from taking an adverse employment action against you, including disciplining or terminating you, if the quota your employer has in place prevents you from exercising these rights.
Q: English is not my primary language, can I receive quota information in a language other than English?
A: Yes, your employer must provide you with written quota descriptions in English and the language you identify as your primary language.
Q: Can I, a current employee, request quota information?
A: Yes, current employees have the right to request a written description of each quota to which they are subject to at any time.
Q: What information, as a current employee, am I allowed to request if I believe I have been disciplined to failure to meet a quota?
A: In this situation, you are allowed to request a written description of the quota to which you are subject, a copy of the most recent 90 days of your 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. Your employer must provide you with this information no later than 14 calendar days after your request.
Q: What can I do, as a current employee, if I believe meeting the quota has caused a violation of my right to a meal or rest period, use of the bathroom, or reasonable time to travel to the bathroom?
A: In this situation, you are allowed to request a written description of the quota to which you are subject, a copy of the most recent 90 days of your 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. Your employer must provide you with this information no later than 14 calendar days after your request.
Q: I think I was terminated from my employer because of failure to meet a quota. Can I request quota information as a former employee?
A: Yes, as a former employee, you also have the right to request a written description of the quota to which you are subject, a copy of the most recent 90 days of your 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. An employer must get you this information no later than 14 calendar days after your request. Please note that as a former employee, you are only permitted one request of this nature.
Q: Can my employer retaliate against me for requesting information regarding a quota or making a complaint?
A: No, retaliation is unlawful, regardless of when it occurs. Additionally, the law provides that your employer will be required to prove that they did not retaliate if they take an adverse action against you within ninety days of you :
(a) initiating your first request in a calendar year for information about a quota or personal work speed data as permitted under the law; or
(b) making a complaint related to a quota alleging any violation of the law to the Commissioner of Labor, the Department of Labor, another local or state governmental agency, or to your employer.
Retaliation is still unlawful even if it has occurred beyond ninety days of you exercising your rights under the law or making a complaint and should be reported to the Department of Labor.
Q: Where do I file a complaint?
A: To file a complaint, visit Warehouse Worker Protection Act, visit the NYSDOL website. s of violations of the Act.