Employers: Learn More About Your Responsibilities Under the Law
Frequently Asked Questions for Employers
Q: As an employer, how do I know if this law applies to me?
A: The Warehouse Worker Protection Act applies to any person who directly or indirectly (through an agent or any other person, including third-party employers, temporary services, staffing agencies, independent contractors of similar entities) employs or exercises 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. All employees of a corporation or a controlled group of corporations shall be counted in determining the number of employees employed at a single warehouse distribution center or at one or more warehouse distribution centers in the state.
Q: What workplaces are covered under this law as a warehouse distribution center?
A: The law 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. The Warehouse Worker Protection Act text, available here includes information regarding the specific NAICS codes.
Q: Under this law, who is considered an employee?
A. This law defines an employee as any employee who works at a warehouse distribution center and is not exempt from the minimum wage or applicable minimum wage orders, and any overtime compensation provisions of the Labor Law. However, the law does not apply to drivers or couriers to or from a warehouse distribution center.
Q: What is a quota under the Warehouse Worker Protection 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: Do I have to share information about quotas with my employees?
A: Yes, as an employer, you are required to provide your employees with a written description of each quota they are expected to meet.
Q: When am I required to share information about quotas with my employees?
A: You must share quotas with current employes within thirty days of the effective date of the law, which is July 19, 2023. For all future employees, the written description must be provided upon hire. In addition, each time you take an adverse employment action against an employee, the written description of the quota must be provided again to the affected employee. You must also provide an updated description of the quota within two business days of any changes to it.
Q: What information about quotas do I have to share with my employees?
A: The written description of the quota you share with your employees 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. Please also keep in mind that any time you provide the written description of a quota, it must be provided in English and any other language identified by each employee as their primary language.
Q: Can I discipline or terminate an employee for failing to meet a quota I have not disclosed?
A: No, the law prohibits you from taking any adverse employment action including disciplining or terminating an employee for failing to meet a quota if you have not previously disclosed the quota in the manner required by the law.
Q: Do I have to tell employees when a quota changes?
A: Yes, you must provide an updated description of the quota within two days of any changes. You are prohibited from taking any adverse action against an employee based on a quota that has not been disclosed to the employee, including when a quota has been updated and the update has not been disclosed to the employee.
Q: I have employees who primarily speak Spanish. Can I just provide them the written quota language in English?
A: No, any time the employer provides the written description of a quota, it must be provided in English and any other language identified by each employee as their primary language.
Q: Are there any restrictions on when a quota can be used?
A: Yes. Quotas cannot prevent an employee from exercising their rights under the law to take a meal or rest period or use of 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 the employee is required to remain on call. You are prohibited from taking an adverse employment action against an employee, including disciplining or terminating an employee, if the quota you have in place prevents an employee from exercising these rights.
Q: An employee has asked me for a written description of their quota and information about work speed data. What do I have to provide?
A: The law gives current employees the right to request a written description of each quota to which they are subject. The law also allows current employees the right to request certain information if they believe 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 time to travel to and from bathroom facilities. The information they are allowed to request is: 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.
Q: A former employee has asked me for a written description of their quota and information about work speed data. What do I have to provide?
A: A former employee has the right to request the same information as a current employee mentioned above, except that a former employee is limited to one request of this nature.
Q: How quickly do I have to respond to a current or former employee’s request for quota information?
A: You are required to provide the requested information as soon as practicable but no later than 14 calendar days from the date of the request. The information must come at no cost to the employee.
Q: Does the law require me to use quotas or monitor work speed data??
A: No, the law does not require employers to use quotas or monitor work speed data.
Q: Can I discipline or terminate an employee 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 you will be required to prove that you did not retaliate if you took an adverse action against an employee within ninety days of the employee:
(a) initiating their first request in a calendar year for information about a quota or personal work speed data as permitted under the Act; or
(b) 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.
Retaliation is still unlawful even if it has occurred beyond ninety days of the employee exercising their rights under the Act or making a complaint.
Q: Am I required to maintain employee records?
A: Yes, employers are required to establish, maintain, and preserve true, and accurate records in real time regarding an employee’s work speed data for three years to ensure compliance with employee or New York State Department of Labor requests for data.