Connecticut 2022 Regular Session

Connecticut Senate Bill SB00314 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 314
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	5	+	LCO No. 2556 1 of 5
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	7	+	General Assembly Raised Bill No. 314
8	8		February Session, 2022
	9	+	LCO No. 2556
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	12	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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	14	+
	15	+	Introduced by:
	16	+	(LAB)
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14	21		AN ACT CONCERNING PROTECTION OF WAREHOUSE WORKERS.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section and 1
19	26		sections 2 and 3 of this act: 2
20		-	(1) "Employee" ~~means any person engaged~~ in ~~service to an employer~~ 3
21		-	~~in a business of~~ the ~~employer~~; 4
	27	+	(1) "Employee" has the same meaning as set forth in section 31-367 of 3
	28	+	the general statutes; 4
22	29		(2) "Employee work speed data" means information an employer 5
23	30		collects, stores, analyzes or interprets relating to an employee's 6
24	31		performance of a quota, including, but not limited to, quantities of tasks 7
25	32		performed, quantities of items or materials handled or produced, rates 8
26	33		or speeds of tasks performed, or measurements of employee 9
27	34		performance in relation to a quota and time categorized as performing 10
28	35		tasks or not performing tasks; 11
29		-	(3) "Employer" means (A) a single warehouse distribution center in 12
30		-	the state in which one hundred or more employees work, or (B) one or 13
31		-	more warehouse distribution centers in the state which are owned and 14
32		-	operated by the same person, partnership, corporation, limited liability 15
33		-	company, association of persons or other business entity and in which, 16
34		-	in the aggregate, one thousand or more employees work; 17 Substitute Bill No. 314
	36	+	(3) "Employer" means a single warehouse distribution center in 12
	37	+	which one hundred or more employees work or one or more warehouse 13
	38	+	distribution centers in which one thousand or more employees work; 14 Raised Bill No. 314
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41		-	(4) "Quota" means a work standard under which an employee is 18
42		-	assigned or required to perform at a specified productivity speed, 19
43		-	perform a quantified number of tasks, or to handle or produce a 20
44		-	quantified amount of material, within a defined time period and under 21
45		-	which the employee may suffer an adverse employment action if the 22
46		-	employee fails to complete a performance standard; and 23
47		-	(5) "Warehouse distribution center" means an establishment as 24
48		-	defined by any of the following North American Industry Classification 25
49		-	System Codes: (A) 493110 For General Warehousing and Storage; (B) 26
50		-	423 for Merchant Wholesalers, Durable Goods; (C) 424 for Merchant 27
51		-	Wholesalers, Nondurable Goods; or (D) 454110 for Electronic Shopping 28
52		-	and Mail-Order Houses. 29
53		-	(b) (1) Not later than August 1, 2022, or at the time of hire, whichever 30
54		-	is later, an employer shall provide to each employee a written 31
55		-	description of each quota the employee is subject to within a defined 32
56		-	time period and any potential adverse employment action that may 33
57		-	result from a failure to meet such quota. An employee shall not be 34
58		-	required to meet any quota that prevents compliance with (A) section 35
59		-	31-51ii of the general statutes, concerning meal periods, (B) the use of 36
60		-	bathroom facilities, including the reasonable time to travel to and from 37
61		-	bathroom facilities, or (C) the Occupational Safety and Health Act of 38
62		-	1970, 15 USC 651 et seq., as amended from time to time. 39
63		-	(2) An employer shall not take any adverse employment action 40
64		-	against an employee for failure to meet a quota that prevents 41
65		-	compliance as described in subparagraphs (A) to (C), inclusive, of 42
66		-	subdivision (1) of this subsection or for a quota that has not been 43
67		-	disclosed pursuant to this subsection. Any action taken by an employee 44
68		-	to comply with the Occupational Safety and Health Act of 1970, 15 USC 45
69		-	651 et seq., as amended from time to time, or regulations promulgated 46
70		-	thereunder shall be considered time on task and productive time for 47
71		-	purposes of any quota or monitoring system. Meal and rest breaks are 48
72		-	not considered productive time unless the employee is required to be on 49
73		-	call. 50 Substitute Bill No. 314
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	43	+
	44	+	(4) "Quota" means a work standard under which an employee is 15
	45	+	assigned or required to perform at a specified productivity speed, 16
	46	+	perform a quantified number of tasks, or to handle or produce a 17
	47	+	quantified amount of material, within a defined time period and under 18
	48	+	which the employee may suffer an adverse employment action if the 19
	49	+	employee fails to complete a performance standard; and 20
	50	+	(5) "Warehouse distribution center" means an establishment as 21
	51	+	defined by any of the following North American Industry Classification 22
	52	+	System Codes: (A) 493110 For General Warehousing and Storage, (B) 23
	53	+	423 for Merchant Wholesalers, Durable Goods, (C) 424 for Merchant 24
	54	+	Wholesalers, Nondurable Goods, or (D) 454110 for Electronic Shopping 25
	55	+	and Mail-Order Houses. 26
	56	+	(b) (1) Not later than August 1, 2022, or at the time of hire, whichever 27
	57	+	is later, an employer shall provide to each employee a written 28
	58	+	description of each quota the employee is subject to within a defined 29
	59	+	time period and any potential adverse employment action that may 30
	60	+	result from a failure to meet such quota. An employee shall not be 31
	61	+	required to meet any quota that prevents compliance with (A) section 32
	62	+	31-51ii of the general statutes, concerning meal periods, (B) the use of 33
	63	+	bathroom facilities, including the reasonable time to travel to and from 34
	64	+	bathroom facilities, or (C) the Occupational Safety and Health Act of 35
	65	+	1970, 15 USC 651 et seq., as amended from time to time. 36
	66	+	(2) An employer shall not take any adverse employment action 37
	67	+	against an employee for failure to meet such quota or for a quota that 38
	68	+	has not been disclosed pursuant to this subsection. Any action taken by 39
	69	+	an employee to comply with the Occupational Safety and Health Act of 40
	70	+	1970, 15 USC 651 et seq., as amended from time to time, or regulations 41
	71	+	promulgated thereunder shall be considered time on task and 42
	72	+	productive time for purposes of any quota or monitoring system. Meal 43
	73	+	and rest breaks are not considered productive time unless the employee 44
	74	+	is required to be on call. 45
	75	+	(c) If a current or former employee believes that meeting a quota 46 Raised Bill No. 314
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80		-	(c) If a current or former employee believes that meeting a quota 51
81		-	caused a violation of the employee's right to a meal period under section 52
82		-	31-51ii of the general statutes or required the employee to violate the 53
83		-	Occupational Safety and Health Act of 1970, 15 USC 651 et seq., the 54
84		-	employee may request, and the employer shall provide, upon the 55
85		-	employee's request, a written description of each quota to which the 56
86		-	employee is subject and a copy of the employee's own personal work 57
87		-	speed data for the most recent ninety days. If a former employee 58
88		-	requests a written description of the quotas to which the former 59
89		-	employee was subject and a copy of the former employee's own 60
90		-	personal work speed data pursuant to this subsection, the employer 61
91		-	shall provide ninety days of the former employee's quotas and personal 62
92		-	work speed data for the ninety days prior to the date of the employee's 63
93		-	separation from employment with the employer. A former employee 64
94		-	may make only one request pursuant to this subsection. 65
95		-	(d) An employer that receives a written or oral request for 66
96		-	information pursuant to subsection (c) of this section shall comply with 67
97		-	the request as soon as practicable, but not later than twenty-one calendar 68
98		-	days after the date of the request. 69
99		-	(e) There shall be a rebuttable presumption of unlawful retaliation if 70
100		-	an employer in any manner discriminates, retaliates or takes any 71
101		-	adverse action against any employee not later than ninety days after the 72
102		-	employee: 73
103		-	(1) Initiates the employee's first request in a calendar year for 74
104		-	information about a quota or personal work speed data pursuant to 75
105		-	subsection (c) of section 1 of this act; or 76
106		-	(2) Makes a complaint related to a quota alleging any violation of this 77
107		-	section to the Labor Commissioner. 78
108		-	(f) Any employee who believes an employer violated any provision 79
109		-	of this section may file a complaint with the Labor Commissioner. Upon 80
110		-	receipt of any such complaint, the commissioner shall hold a hearing. 81 Substitute Bill No. 314
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	81	+	caused a violation of the employee's right to a meal period under section 47
	82	+	31-51ii of the general statutes or required the employee to violate the 48
	83	+	Occupational Safety and Health Act of 1970, 15 USC 651 et seq., the 49
	84	+	employee may request, and the employer shall provide, upon the 50
	85	+	employee's request a written description of each quota to which the 51
	86	+	employee is subject and a copy of the employee's own personal work 52
	87	+	speed data for the most recent ninety days. If a former employee 53
	88	+	requests a written description of the quotas to which the former 54
	89	+	employee was subject and a copy of the former employee's own 55
	90	+	personal work speed data pursuant to this subsection, the employer 56
	91	+	shall provide ninety days of the former employee's quotas and personal 57
	92	+	work speed data for the ninety days prior to the date of the employee's 58
	93	+	separation from employment with the employer. A former employee 59
	94	+	may make only one request pursuant to this subsection. 60
	95	+	(d) An employer that receives a written or oral request for 61
	96	+	information pursuant to subsection (c) of this section shall comply with 62
	97	+	the request as soon as practicable, but not later than twenty-one calendar 63
	98	+	days after the date of the request. 64
	99	+	(e) There shall be a rebuttable presumption of unlawful retaliation if 65
	100	+	an employer in any manner discriminates, retaliates or takes any 66
	101	+	adverse action against any employee not later than ninety days after the 67
	102	+	employee: 68
	103	+	(1) Initiates the employee's first request in a calendar year for 69
	104	+	information about a quota or personal work speed data pursuant to 70
	105	+	subsection (c) of section 1 of this act; or 71
	106	+	(2) Makes a complaint related to a quota alleging any violation of this 72
	107	+	section to the Labor Commissioner. 73
	108	+	(f) Any employee who believes an employer violated any provision 74
	109	+	of this section may file a complaint with the Labor Commissioner. Upon 75
	110	+	receipt of any such complaint, the commissioner shall hold a hearing. 76
	111	+	After the hearing, the commissioner shall send each party a written copy 77
	112	+	of the commissioner's decision. The commissioner may award the 78 Raised Bill No. 314
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117		-	After the hearing, the commissioner shall send each party a written copy 82
118		-	of the commissioner's decision. The commissioner may award the 83
119		-	employee all appropriate relief. Any party aggrieved by a decision of 84
120		-	the commissioner may appeal the decision to the Superior Court in 85
121		-	accordance with the provisions of chapter 54 of the general statutes. 86
122		-	Sec. 2. (NEW) (Effective July 1, 2022) (a) The Labor Commissioner shall 87
123		-	enforce the provisions of sections 1 to 3, inclusive, of this act by engaging 88
124		-	in coordinated and strategic enforcement efforts with the Workers' 89
125		-	Compensation Commission. 90
126		-	(b) The Labor Commissioner shall educate employees and employers 91
127		-	about their rights and obligations under said sections in order to 92
128		-	increase compliance. 93
129		-	(c) The Labor Commissioner shall have access to data, including 94
130		-	employer-reported injury data and enforcement actions in employer 95
131		-	warehouses, the identity of uninsured employers, and employers who 96
132		-	are committing workers' compensation fraud, wage theft or other 97
133		-	information relevant to the commissioner's authority. 98
134		-	(d) Not later than January 1, 2024, the Labor Commissioner shall 99
135		-	report to the joint standing committee of the General Assembly having 100
136		-	cognizance of matters relating to labor on the number of claims filed 101
137		-	with the commissioner under sections 1 to 3, inclusive, of this act, data 102
138		-	on warehouse production quotas in warehouses in which the Workers' 103
139		-	Compensation Commission has indicated that annual employee injury 104
140		-	rates are above the industry average, and the number of investigations 105
141		-	undertaken and enforcement actions initiated. 106
142		-	(e) The Workers' Compensation Commission shall keep track of 107
143		-	injury rates for each employer as defined under section 1 of this act. If 108
144		-	an employer is found to have an annual employee injury rate one and 109
145		-	one-half times higher than the warehousing industry's average annual 110
146		-	injury rate, or more, the Workers' Compensation Commission shall 111
147		-	notify the Labor Commissioner, and the commissioner shall determine 112 Substitute Bill No. 314
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	118	+	employee all appropriate relief. Any party aggrieved by the decision of 79
	119	+	the commissioner may appeal the decision to the Superior Court in 80
	120	+	accordance with the provisions of chapter 54 of the general statutes. 81
	121	+	Sec. 2. (NEW) (Effective July 1, 2022) (a) The Labor Commissioner shall 82
	122	+	enforce the provisions of sections 1 to 3, inclusive, of this act by engaging 83
	123	+	in coordinated and strategic enforcement efforts with the Workers' 84
	124	+	Compensation Commission. 85
	125	+	(b) The Labor Commissioner shall educate workers and employers 86
	126	+	about their rights and obligations under said sections in order to 87
	127	+	increase compliance. 88
	128	+	(c) The Labor Commissioner shall have access to data, including 89
	129	+	employer-reported injury data and enforcement actions in employer 90
	130	+	warehouses, the identity of uninsured employers, and employers who 91
	131	+	are committing workers' compensation fraud, wage theft or other 92
	132	+	information relevant to the commissioner's authority. 93
	133	+	(d) Not later than January 1, 2024, the Labor Commissioner shall 94
	134	+	report to the joint standing committee of the General Assembly having 95
	135	+	cognizance of matters relating to labor the number of claims filed with 96
	136	+	the commissioner under sections 1 to 3, inclusive, of this act, data on 97
	137	+	warehouse production quotas in warehouses in which the Workers' 98
	138	+	Compensation Commission has indicated that annual employee injury 99
	139	+	rates are above the industry average, and the number of investigations 100
	140	+	undertaken and enforcement actions initiated. 101
	141	+	(e) The Workers' Compensation Commission shall keep track of 102
	142	+	injury rates for each qualifying employer under this section. If an 103
	143	+	employer is found to have an annual employee injury rate one and one-104
	144	+	half times higher than the warehousing industry's average annual injury 105
	145	+	rate, or more, the Workers' Compensation Commission shall notify the 106
	146	+	Labor Commissioner, and the commissioner shall determine whether an 107
	147	+	investigation of violations pursuant to sections 1 to 3, inclusive, of this 108
	148	+	act is appropriate. 109 Raised Bill No. 314
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154		-	~~whether an investigation concerning potential violations~~ of ~~sections 1 to 113~~
155		-	~~3, inclusive, of this act is appropriate. 114~~
156		-	(f) The commissioner may adopt regulations, in accordance with the ~~115~~
157		-	provisions of chapter 54 of the general statutes, to implement and ~~116~~
158		-	enforce the provisions of sections 1 to 3, inclusive, of this act. ~~117~~
159		-	Sec. 3. (NEW) (Effective July 1, 2022) Any person aggrieved by a ~~118~~
160		-	violation of any provision of this section and sections 1 and 2 of this act, ~~119~~
161		-	the Labor Commissioner, or the Attorney General may bring a civil ~~120~~
162		-	action in the Superior Court to recover damages, civil penalties and such ~~121~~
163		-	equitable and injunctive relief as the court deems appropriate. Any ~~122~~
164		-	~~person~~ who prevails in such civil action shall be awarded reasonable ~~123~~
165		-	attorney's fees and costs to be taxed by the court. ~~124~~
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	154	+	(f) The commissioner may adopt regulations, in accordance with the 110
	155	+	provisions of chapter 54 of the general statutes, to implement and 111
	156	+	enforce the provisions of sections 1 to 3, inclusive, of this act. 112
	157	+	Sec. 3. (NEW) (Effective July 1, 2022) Any person aggrieved by a 113
	158	+	violation of any provision of this section and sections 1 and 2 of this act, 114
	159	+	the Labor Commissioner, or the Attorney General may bring a civil 115
	160	+	action in the Superior Court to recover damages, civil penalties and such 116
	161	+	equitable and injunctive relief as the court deems appropriate. Any 117
	162	+	individual who prevails in such civil action shall be awarded reasonable 118
	163	+	attorney's fees and costs to be taxed by the court. 119
166	164		This act shall take effect as follows and shall amend the following
167	165		sections:
168	166
169	167		Section 1 July 1, 2022 New section
170	168		Sec. 2 July 1, 2022 New section
171	169		Sec. 3 July 1, 2022 New section
172	170
173		-	Statement of Legislative Commissioners:
174		-	In Section 1(b)(2), "such a quota" was changed to "a quota that prevents
175		-	compliance as described in subparagraphs (A) to (C), inclusive, of
176		-	subdivision (1) of this subsection" for clarity, in Section 2(e),
177		-	"investigation of violations pursuant to sections 1 to 3" was changed to
178		-	"investigation concerning potential violations of sections 1 to 3" for
179		-	clarity; and in Section 3, "individual" was changed to "person" for
180		-	consistency.
181		-
182		-	LAB Joint Favorable Subst.
	171	+	Statement of Purpose:
	172	+	To protect warehouse workers from quotas that violate their rights and
	173	+	occupational safety and health standards.
	174	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	175	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	176	+	underlined.]
183	177