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OLR Bill Analysis
sSB 314
AN ACT CONCERNING PROTECTION OF WAREHOUSE
WORKERS.
SUMMARY
This bill limits the extent to which certain warehouse distribution
centers can require their employees to meet production quotas. It
generally applies to employers that are (1) single warehouses that
employ at least 100 employees or (2) multiple warehouses that are
owned and operated by the same business entity and collectively
employ at least 1,000 employees.
Among other things, the bill does the following:
1. requires the covered employers to give their employees a written
description of the quotas they must meet and any possible
adverse employment actions they may face for failing to do so;
2. prohibits the employers from requiring employees to meet
quotas that were not disclosed or that prevent (a) legally required
meal periods, (b) using restroom facilities, or (c) complying with
the federal Occupational Safety and Health Act (OSHA); and
3. requires the employers to give a current or former employee,
upon request, copies of the employee’s personal work speed data
if the employee believes that meeting a quota caused a violation
of certain provisions in the bill.
The bill allows an employee who believes that an employer violated
the bill’s provisions on quotas to file a complaint with the labor
commissioner. It also allows anyone aggrieved by a violation of its
provisions to bring a civil action in Superior Court. In addition, the bill
creates a rebuttable presumption of unlawful retaliation if an employer
takes certain actions against an employee, but it is unclear how this
provision would be enforced (see COMMENT). 2022SB-00314-R000444-BA.DOCX
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The bill requires the labor commissioner to (1) enforce its provisions
by engaging in coordinated and strategic enforcement efforts with the
Workers’ Compensation Commission and (2) educate employees and
employers about their rights and obligations under the bill to increase
compliance. It also requires the commissioner and the commission to
track employee injuries in warehouses and report on them to the Labor
and Public Employees Committee.
EFFECTIVE DATE: July 1, 2022
COVERED EMPLOYERS
The employers covered by the bill are (1) single warehouse
distribution centers in the state with at least 100 employees and (2)
multiple warehouse distribution centers in the state that (a) are owned
and operated by the same person, partnership, corporation, limited
liability company, association, or other business entity and (b) have at
least 1,000 aggregate employees.
Under the bill, a warehouse distribution center is an establishment as
defined by North American Industry Classification System Code 493110
for General Warehousing and Storage; 423 for Merchant Wholesalers,
Durable Goods; 424 for Merchant Wholesalers, Nondurable Goods; or
454110 for Electronic Shopping and Mail-Order Houses.
QUOTAS
Under the bill, a “quota” is a work standard under which an
employee (1) is assigned or required to perform at a specified
productivity speed, perform a quantified number of tasks, or handle or
produce a quantified amount of material, within a defined period and
(2) may suffer an adverse employment action for failing to complete a
performance standard.
Disclosure
The bill requires covered employers to give each employee a written
description of (1) each quota to which the employee is subject in a
defined period and (2) any potential adverse employment action that
may result from failing to meet it. The employers must do so by August
1, 2022, for existing employees and at the time of hire for each new 2022SB-00314-R000444-BA.DOCX
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employee. The bill prohibits the employers from taking any adverse
employment action against an employee for failing to meet a quota that
was not disclosed in this notice.
Prohibited Quotas
The bill also prohibits covered employers from requiring an
employee to meet a quota that prevents compliance with (1) the state
law requiring a 30-minute meal break for anyone working at least seven-
and-a-half consecutive hours; (2) using bathroom facilities, including a
reasonable time to travel to and from them; and (3) OSHA.
Under the bill, any time an employee takes to comply with OSHA, or
its regulations, must be considered time on task and productive time for
any quota or monitoring system (the bill does not further define “time
on task” or “productive time”). Meal and rest breaks are not considered
productive time unless the employee must be on call.
Employee Access to Work Speed Data
If current or former employees believe that meeting a quota caused a
violation of their right to a meal break, or required them to violate
OSHA, the bill allows them to request a written description of each
quota they were subject to and a copy of their personal work speed data.
For current employees, this information must cover the most recent 90
days. For former employees, it must cover the 90 days before the
employee’s separation with the employer. The bill limits former
employees to one such request and employers must provide the
information within 21 calendar days after receiving a written or oral
request.
Under the bill, “employee work speed data” is information an
employer collects, stores, analyzes, or interprets about an employee’s
quota performance, such as quantities of tasks performed, quantities of
items or materials handled or produced, rates or speeds of tasks
performed, or measurements of employee performance in relation to a
quota and time categorized as performing tasks or not performing tasks.
Enforcement
Under the bill, an employee who believes that a covered employer 2022SB-00314-R000444-BA.DOCX
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violated the bill’s provisions on quotas may file a complaint with the
labor commissioner. Upon receiving the complaint, the commissioner
must hold a hearing and, after the hearing, send each party a written
copy of her decision. The bill allows the commissioner to award the
employee all appropriate relief. Any party aggrieved by the decision
may appeal to the Superior Court under the Uniform Administrative
Procedures Act.
The bill also allows anyone aggrieved by a violation of its provisions,
the labor commissioner, or the attorney general to bring a civil action in
Superior Court to recover damages, civil penalties, and equitable and
injunctive relief. An individual who prevails in the action must also be
awarded attorney’s fees and costs. (It is unclear if an employee in this
action must first pursue an administrative decision by filing a complaint
with the labor commissioner.)
In addition, the bill creates a rebuttable presumption of unlawful
retaliation if an employer discriminates, retaliates, or takes any adverse
action against an employee within 90 days after the employee (1) made
his or her first request in a calendar year for information about a quota
or personal work speed data or (2) filed with the labor commissioner a
quota-related complaint alleging a violation of the bill’s provisions.
However, as the bill does not specify a statute that governs “unlawful
retaliation” or how an employer could rebut such a presumption, this
provision could be subject to claims that it violates the Constitution’s
Fourteenth Amendment, which prohibits states from depriving
someone of life, liberty, or property without due process of law (see
COMMENT).
DATA COLLECTION AND REPORTING
The bill requires that the labor commissioner have access to data,
including (1) covered employer-reported injury data and enforcement
actions in employer warehouses; (2) the identity of uninsured covered
employers; (3) covered employers committing workers’ compensation
fraud or wage theft; and (4) other information relevant to the
commissioner’s authority. (The bill does not specify from where or how
the commissioner must access this data.) 2022SB-00314-R000444-BA.DOCX
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It also requires the Workers’ Compensation Commission to track
injury rates for covered employers. If an employer has an annual
employee injury rate that is 1.5 times higher than the warehousing
industry’s average annual injury rate, then the commission must notify
the labor commissioner, who must determine if it is appropriate to
investigate for violations of the bill.
The bill requires the labor commissioner, by January 1, 2024, to
submit a report to the Labor and Public Employees Committee with (1)
the number of claims filed with the commissioner under the bill
(presumably, complaints for quota-related violations), (2) data on
warehouse production quotas in warehouses the Workers’
Compensation Commission indicated have above average annual
employee injury rates, and (3) the number of investigations and
enforcement actions (presumably, related to quotas).
COMMENT
Rebuttable Presumption Unclear
The bill creates a rebuttable presumption of “unlawful retaliation” if
an employer takes certain adverse actions against an employee.
However, it does not specify a statute that governs “unlawful
retaliation,” making it unclear how the provision would be enforced.
The provision also does not specify how an employer could rebut the
presumption. In effect, this puts the burden of proof on the employer to
prove it did not commit the violation without specifying how it must do
so. As such, it could be subject to claims that it violates the U.S.
Constitution’s Fourteenth Amendment, which prohibits states from
depriving someone of life, liberty, or property without due process of
law.
COMMITTEE ACTION
Labor and Public Employees Committee
Joint Favorable Substitute
Yea 9 Nay 4 (03/24/2022)