Applies to: New York employers with warehouse distribution centers
Effective Date: June 19, 2023
Brief Summary of Law: On March 3, 2023, Governor Hochul signed A1000/S851 into law, amending the Warehouse Worker Protection Act (WWPA). The law requires employers at warehouses to notify workers of any quota systems used to track, monitor, or discipline workers. The purpose is to inform workers of how their employer is evaluating employee performance.
Employers must provide a written description of each applicable quota or work standard (in English and in the employee’s primary language) upon the employee’s hire or within 30 days of the law’s effective date (June 19, 2023). Thereafter, employers have two business days to notify workers of any changes to quotas.
Employees can request their own work speed data and the aggregate data of similar employees, which the employer must provide within 14 days. Employers must maintain records that allow for compliance with requests from employees for a minimum of 3 years.
The law prohibits employers from retaliating against employees if they were not informed about quotas or if denied sufficient breaks. Retaliation is presumed if adverse employment action occurs within 90 days of an employee’s request for work speed data or makes a complaint alleging WWPA violations.
Next Steps for NY Employers with Warehouse Distribution Centers:
- Create written descriptions of all quotas and work standards and provide all employees with such no later than July 19, 2023.
- Develop a system to collect, compile, store, and share work speed data for individual workers and aggregate groups of employees.
- Develop a procedure for complying with requests for work speed data.
- Train supervisors and managers on implementing and complying with WWPA provisions.
- Consult with legal counsel to ensure compliance with the law.
Industry Specialist
Steven Markowitz
Director of Risk Control
Steve serves as Vice President / Director of Loss Control, developing and delivering loss control programs for clients and overseeing loss control activities provided by insurance carriers. He advises clients on how to reduce risk in traditional lines of business as well as emerging areas such as workplace violence preparedness, cyber liability and natural disaster planning.
P | 516-773-8717
E | SMarkowitz@sterlingrisk.com
