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Connecticut Senate Bill SB00152

Connecticut 2023 Regular Session

Connecticut Senate Bill SB00152 Compare Versions

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55 General Assembly Substitute Bill No. 152
66 January Session, 2023
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1111 AN ACT CONCERNING THE PROTECTION OF WAREHOUSE
1212 WORKERS.
1313 Be it enacted by the Senate and House of Representatives in General
1414 Assembly convened:
1515
1616 Section 1. (NEW) (Effective July 1, 2023) As used in this section and 1
1717 sections 2 to 7, inclusive, of this act: 2
1818 (1) "Employee" means an individual engaged in service to an 3
1919 employer in a business of the employer; 4
2020 (2) "Work speed data" means any information an employer collects, 5
21-stores, analyzes or interprets relating to an employee's performance of a 6
22-quota, including, but not limited to, quantities of tasks performed, 7
23-quantities of items or materials handled or produced, rates or speeds of 8
24-tasks performed or measurements of employee performance in relation 9
25-to a quota and time categorized as performing tasks or not performing 10
26-tasks; 11
21+stores, analyzes or interprets relating to an employee's performance of 6
22+a quota, including, but not limited to, quantities of tasks performed, 7
23+quantities of items or materials handled or produced, rates or speeds 8
24+of tasks performed or measurements of employee performance in 9
25+relation to a quota and time categorized as performing tasks or not 10
26+performing tasks; 11
2727 (3) "Employer" means an individual, corporation, partnership, 12
2828 limited partnership, limited liability partnership, limited liability 13
29-company, business trust, estate, trust, association, joint venture, agency, 14
30-instrumentality, or any other legal or commercial entity, whether 15
31-domestic or foreign, that directly or indirectly, or through an agent or 16
32-any other person, including through the services of a third-party 17
33-employer, temporary services, or staffing agency, independent 18 Substitute Bill No. 152
29+company, business trust, estate, trust, association, joint venture, 14
30+agency, instrumentality, or any other legal or commercial entity, 15
31+whether domestic or foreign, that directly or indirectly, or through an 16
32+agent or any other person, including through the services of a third-17
33+party employer, temporary services, or staffing agency, independent 18
34+contractor or any similar entity, at any time in the prior twelve months, 19 Substitute Bill No. 152
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38-contractor or any similar entity, at any time in the prior twelve months, 19
3939 employs or exercises control over the wages, hours or working 20
40-conditions of (A) one hundred or more employees at a single warehouse 21
41-distribution center in the state, or (B) one thousand or more employees, 22
42-in the aggregate, at one or more warehouse distribution centers in the 23
43-state that are owned and operated by the same individual, partnership, 24
44-corporation, limited liability company, association of persons or other 25
45-business entity; 26
40+conditions of (A) one hundred or more employees at a single 21
41+warehouse distribution center in the state, or (B) one thousand or more 22
42+employees, in the aggregate, at one or more warehouse distribution 23
43+centers in the state that are owned and operated by the same 24
44+individual, partnership, corporation, limited liability company, 25
45+association of persons or other business entity; 26
4646 (4) "Quota" means a performance standard under which (A) an 27
4747 employee is assigned or required, within a defined time period, to 28
4848 perform a quantified number of tasks or at a specified productivity 29
4949 speed or to handle or produce a quantified amount of material without 30
5050 a certain number of errors or defects, as measured at the individual or 31
5151 group level within a defined time period, and for which the employee 32
5252 may suffer an adverse employment action if such employee fails to 33
5353 complete such performance standard, or (B) an employee's actions are 34
5454 categorized and measured between time performing tasks and not 35
5555 performing tasks within a day, and such employee may suffer an 36
5656 adverse employment action if such employee fails to complete such 37
5757 performance standard; and 38
5858 (5) "Warehouse distribution center" means an establishment as 39
59-defined by any of the following North American Industry Classification 40
60-System Codes: (A) 493110 for General Warehousing and Storage; (B) 423 41
61-for Merchant Wholesalers, Durable Goods; (C) 424 for Merchant 42
62-Wholesalers, Nondurable Goods; (D) 454110 for Electronic Shopping 43
63-and Mail-Order Houses; or (E) 492110 for Couriers and Express Delivery 44
64-Services. 45
65-Sec. 2. (NEW) (Effective July 1, 2023) (a) Not later than August 1, 2023, 46
66-an employer shall provide each employee with a written description of 47
67-each quota that the employee is subject to, including any potential 48
68-adverse employment action that may result from a failure to satisfy such 49
69-quota. On and after August 1, 2023, an employer shall provide such 50
70-written description of each quota to each person hired by such 51 Substitute Bill No. 152
59+defined by any of the following North American Industry 40
60+Classification System Codes: (A) 493110 for General Warehousing and 41
61+Storage; (B) 423 for Merchant Wholesalers, Durable Goods; (C) 424 for 42
62+Merchant Wholesalers, Nondurable Goods; (D) 454110 for Electronic 43
63+Shopping and Mail-Order Houses; or (E) 492110 for Couriers and 44
64+Express Delivery Services. 45
65+Sec. 2. (NEW) (Effective July 1, 2023) (a) Not later than August 1, 46
66+2023, an employer shall provide each employee with a written 47
67+description of each quota that the employee is subject to, including any 48
68+potential adverse employment action that may result from a failure to 49
69+satisfy such quota. On and after August 1, 2023, an employer shall 50
70+provide such written description of each quota to each person hired by 51
71+such employer. 52 Substitute Bill No. 152
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75-employer. 52
76-(b) Nothing in this section shall require an employer to use quotas or 53
77-monitor work speed data. An employer that does not monitor such data 54
78-shall not be obligated to provide such data to such employer's 55
76+(b) Nothing in this section shall require an employer to use quotas 53
77+or monitor work speed data. An employer that does not monitor such 54
78+data shall not be obligated to provide such data to such employer's 55
7979 employees. 56
80-Sec. 3. (NEW) (Effective July 1, 2023) (a) No employee shall be required 57
81-to meet any quota that (1) prevents compliance with section 31-51ii of 58
82-the general statutes concerning meal periods, (2) interferes with the 59
83-employee's use of bathroom facilities, including the reasonable time to 60
84-travel to and from bathroom facilities, (3) prevents compliance with the 61
85-Occupational Safety and Health Act of 1970, 15 USC 651 et seq., as 62
86-amended from time to time, or (4) measures total output over an 63
87-increment of time that is shorter than one day. Any action taken by an 64
88-employee to comply with the Occupational Safety and Health Act of 65
89-1970, 15 USC 651 et seq., as amended from time to time, or regulations 66
90-promulgated thereunder, shall be considered time on task and 67
91-productive time for purposes of any quota or monitoring system, 68
92-provided meal and rest breaks are not considered productive time 69
93-unless such employee is required to be on call. 70
80+Sec. 3. (NEW) (Effective July 1, 2023) (a) No employee shall be 57
81+required to meet any quota that (1) prevents compliance with section 58
82+31-51ii of the general statutes concerning meal periods, (2) interferes 59
83+with the employee's use of bathroom facilities, including the 60
84+reasonable time to travel to and from bathroom facilities, (3) prevents 61
85+compliance with the Occupational Safety and Health Act of 1970, 15 62
86+USC 651 et seq., as amended from time to time, or (4) measures total 63
87+output over an increment of time that is shorter than one day. Any 64
88+action taken by an employee to comply with the Occupational Safety 65
89+and Health Act of 1970, 15 USC 651 et seq., as amended from time to 66
90+time, or regulations promulgated thereunder, shall be considered time 67
91+on task and productive time for purposes of any quota or monitoring 68
92+system, provided meal and rest breaks are not considered productive 69
93+time unless such employee is required to be on call. 70
9494 (b) No employer shall take any adverse employment action against 71
9595 an employee for failure to meet (1) a quota that prevents compliance as 72
96-described in subdivisions (1) and (3) of subsection (a) of this section, (2) 73
97-a quota that interferes with an employee's use of bathroom facilities 74
96+described in subdivisions (1) and (3) of subsection (a) of this section, 73
97+(2) a quota that interferes with an employee's use of bathroom facilities 74
9898 pursuant to subdivision (2) of subsection (a) of this section, (3) a quota 75
9999 that has not been previously provided to an employee as part of the 76
100-written descriptions of each quota pursuant to section 2 of this act, or (4) 77
101-a daily quota if the employee did not complete such employee's entire 78
102-scheduled shift. 79
100+written descriptions of each quota pursuant to section 2 of this act, or 77
101+(4) a daily quota if the employee did not complete such employee's 78
102+entire scheduled shift. 79
103103 (c) (1) If a current or former employee believes that meeting a quota 80
104-caused or will cause a violation of subsection (a) of this section, a current 81
105-employee may request, from such employee's supervisor, or another 82
106-designated supervisor, (A) the written description of each quota that 83 Substitute Bill No. 152
104+caused or will cause a violation of subsection (a) of this section, a 81
105+current employee may request, from such employee's supervisor, or 82
106+another designated supervisor, (A) the written description of each 83
107+quota that such employee is subject to, (B) a copy of such employee's 84
108+own personal work speed data for the most recent ninety days, and (C) 85 Substitute Bill No. 152
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111-such employee is subject to, (B) a copy of such employee's own personal 84
112-work speed data for the most recent ninety days, and (C) a copy of the 85
113-aggregate work speed data for similar employees at the same employer 86
114-for the same time period. Such request may be made orally or in writing. 87
115-If a former employee requests the written description of each quota that 88
116-the former employee was subject to and a copy of such former 89
117-employee's own personal work speed data pursuant to this subsection, 90
118-the employer shall provide such former employee's quotas and personal 91
119-work speed data for the ninety days prior to the date of the employee's 92
120-separation from employment with the employer. A former employee 93
121-may only make one request under this subsection. 94
122-(2) An employer that receives a written or oral request for 95
123-information under this subsection shall provide such written 96
124-description of each quota and such employee's personal work speed 97
125-data not later than five calendar days after the date of the request. Such 98
126-employer shall provide the requested written description of any quota 99
127-or personal work speed data in English and the language identified by 100
128-each employee as the primary language of such employee. 101
129-(3) Each employer shall establish, maintain and preserve true and 102
130-accurate records of such information for a period of three years. 103
131-(d) (1) If an employer in any manner discriminates, retaliates or takes 104
132-any adverse action against any employee not later than ninety days after 105
133-such employee (A) makes a request for the written description of each 106
134-quota or such employee's own personal work speed data pursuant to 107
135-subsection (c) of this section, or (B) makes a complaint to the Labor 108
136-Commissioner, related to a quota, alleging a violation pursuant to 109
137-subsection (e) of this section, there shall be a rebuttable presumption of 110
138-an adverse employment action in violation of this section. 111
139-(2) Such presumption may be rebutted by clear and convincing 112
140-evidence that (A) the adverse action was taken for other permissible 113
141-reasons, and (B) the employee making or attempting to make (i) a 114
142-request pursuant to subsection (c) of this section, or (ii) a complaint 115 Substitute Bill No. 152
113+a copy of the aggregate work speed data for similar employees at the 86
114+same employer for the same time period. Such request may be made 87
115+orally or in writing. If a former employee requests the written 88
116+description of each quota that the former employee was subject to and 89
117+a copy of such former employee's own personal work speed data 90
118+pursuant to this subsection, the employer shall provide such former 91
119+employee's quotas and personal work speed data for the ninety days 92
120+prior to the date of the employee's separation from employment with 93
121+the employer. A former employee may only make one request under 94
122+this subsection. 95
123+(2) An employer that receives a written or oral request for 96
124+information under this subsection shall provide such written 97
125+description of each quota and such employee's personal work speed 98
126+data not later than five calendar days after the date of the request. Such 99
127+employer shall provide the requested written description of any quota 100
128+or personal work speed data in English and the language identified by 101
129+each employee as the primary language of such employee. 102
130+(3) Each employer shall establish, maintain and preserve true and 103
131+accurate records of such information for a period of three years. 104
132+(d) (1) If an employer in any manner discriminates, retaliates or 105
133+takes any adverse action against any employee not later than ninety 106
134+days after such employee (A) makes a request for the written 107
135+description of each quota or such employee's own personal work 108
136+speed data pursuant to subsection (c) of this section, or (B) makes a 109
137+complaint to the Labor Commissioner, related to a quota, alleging a 110
138+violation pursuant to subsection (e) of this section, there shall be a 111
139+rebuttable presumption of an adverse employment action in violation 112
140+of this section. 113
141+(2) Such presumption may be rebutted by clear and convincing 114
142+evidence that (A) the adverse action was taken for other permissible 115
143+reasons, and (B) the employee making or attempting to make (i) a 116
144+request pursuant to subsection (c) of this section, or (ii) a complaint 117 Substitute Bill No. 152
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147-pursuant to subsection (e) of this section was not a motivating factor in 116
148-the employer taking such adverse action. 117
149-(e) (1) An employee who believes an employer violated any provision 118
150-of this section may file a complaint with the Labor Commissioner. Upon 119
151-receipt of any such complaint, the commissioner shall hold a hearing. 120
152-After the hearing, the commissioner shall send each party a written copy 121
153-of the commissioner's decision. The commissioner may award the 122
154-employee all appropriate relief. Any party aggrieved by a decision of 123
155-the commissioner may appeal the decision to the Superior Court in 124
156-accordance with the provisions of chapter 54 of the general statutes. 125
157-(2) If the commissioner determines that an employer has violated any 126
158-provision of this section, the commissioner shall issue an order of 127
159-compliance to such employer which shall describe particularly the 128
160-nature of the alleged violation. A copy of such order shall be provided 129
161-to any employee who has filed the complaint and any authorized 130
162-representative of such employee. 131
163-(f) (1) Any employer who violates a provision of this section and 132
164-section 2 of this act may be liable to the Labor Department for a civil 133
165-penalty of (A) one thousand dollars for a first violation, (B) two 134
166-thousand dollars for a second violation, or (C) three thousand dollars 135
167-for a third or subsequent violations. 136
168-(2) The Attorney General, upon complaint of the Labor 137
169-Commissioner, shall institute a civil action to recover the penalties 138
170-provided for under subdivision (1) of this subsection. Any amount 139
171-recovered shall be deposited in the General Fund and credited to the 140
172-separate, nonlapsing appropriation to the Labor Department, for other 141
173-current expenses, and may be used by the Labor Department to enforce 142
174-the provisions of this section and section 2 of this act. 143
175-(g) Any employee aggrieved by a violation of any provision of this 144
176-section, or the Attorney General on behalf of any employee aggrieved 145
177-by a violation of any provision of this section, may bring a civil action 146
178-in the Superior Court to recover damages, civil penalties and such 147 Substitute Bill No. 152
149+pursuant to subsection (e) of this section was not a motivating factor in 118
150+the employer taking such adverse action. 119
151+(e) (1) An employee who believes an employer violated any 120
152+provision of this section may file a complaint with the Labor 121
153+Commissioner. Upon receipt of any such complaint, the commissioner 122
154+shall hold a hearing. After the hearing, the commissioner shall send 123
155+each party a written copy of the commissioner's decision. The 124
156+commissioner may award the employee all appropriate relief. Any 125
157+party aggrieved by a decision of the commissioner may appeal the 126
158+decision to the Superior Court in accordance with the provisions of 127
159+chapter 54 of the general statutes. 128
160+(2) If the commissioner determines that an employer has violated 129
161+any provision of this section, the commissioner shall issue an order of 130
162+compliance to such employer which shall describe particularly the 131
163+nature of the alleged violation. A copy of such order shall be provided 132
164+to any employee who has filed the complaint and any authorized 133
165+representative of such employee. 134
166+(f) (1) Any employer who violates a provision of this section and 135
167+section 2 of this act may be liable to the Labor Department for a civil 136
168+penalty of (A) one thousand dollars for a first violation, (B) two 137
169+thousand dollars for a second violation, or (C) three thousand dollars 138
170+for a third or subsequent violations. 139
171+(2) The Attorney General, upon complaint of the Labor 140
172+Commissioner, shall institute a civil action to recover the penalties 141
173+provided for under subdivision (1) of this subsection. Any amount 142
174+recovered shall be deposited in the General Fund and credited to the 143
175+separate, nonlapsing appropriation to the Labor Department, for other 144
176+current expenses, and may be used by the Labor Department to 145
177+enforce the provisions of this section and section 2 of this act. 146
178+(g) Any employee aggrieved by a violation of any provision of this 147
179+section, or the Attorney General on behalf of any employee aggrieved 148
180+by a violation of any provision of this section, may bring a civil action 149 Substitute Bill No. 152
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183-equitable and injunctive relief as the court deems appropriate. Any 148
184-person who prevails in such civil action may be awarded reasonable 149
185-attorney's fees and cost to be taxed by the court. Exhaustion of any 150
186-available administrative remedies shall not be required prior to 151
187-commencement of suit under this section. 152
188-Sec. 4. (NEW) (Effective July 1, 2023) The commissioner may adopt 153
189-regulations, in accordance with the provisions of chapter 54 of the 154
190-general statutes, to implement and enforce the provisions of sections 2 155
191-and 3 of this act. 156
192-Sec. 5. (NEW) (Effective July 1, 2023) The Labor Commissioner may 157
193-develop an outreach program in order to inform employees and 158
194-employers about their rights and obligations under the provisions of 159
195-sections 2 and 3 of this act. Such program shall include the distribution 160
196-of notices and other written materials to employers and employees 161
197-working in a warehouse. 162
198-Sec. 6. (NEW) (Effective July 1, 2023) (a) The Labor Commissioner shall 163
199-have access to data, including employer-reported injury data and 164
200-enforcement actions in employer warehouses, the identity of uninsured 165
201-employers, and employers who are committing workers' compensation 166
202-fraud, wage theft or other information relevant to the commissioner's 167
203-authority. 168
204-(b) Not later than July 1, 2024, the Labor Commissioner shall report 169
205-to the joint standing committee of the General Assembly having 170
206-cognizance of matters relating to labor and public employees on (1) the 171
207-number of claims filed with the commissioner under section 3 of this act, 172
208-(2) data on warehouse production quotas in warehouses in which the 173
209-Workers' Compensation Commission has indicated that annual 174
210-employee injury rates are above the industry average, and (3) the 175
211-number of investigations undertaken and enforcement actions initiated. 176
212-Sec. 7. (NEW) (Effective July 1, 2023) The Workers' Compensation 177
213-Commission shall monitor the injury rates for each employer, as defined 178
214-in section 1 of this act. If an employer is found to have an annual 179 Substitute Bill No. 152
185+in the Superior Court to recover damages, civil penalties and such 150
186+equitable and injunctive relief as the court deems appropriate. Any 151
187+person who prevails in such civil action may be awarded reasonable 152
188+attorney's fees and cost to be taxed by the court. Exhaustion of any 153
189+available administrative remedies shall not be required prior to 154
190+commencement of suit under this section. 155
191+Sec. 4. (NEW) (Effective July 1, 2023) The commissioner may adopt 156
192+regulations, in accordance with the provisions of chapter 54 of the 157
193+general statutes, to implement and enforce the provisions of sections 2 158
194+and 3 of this act. 159
195+Sec. 5. (NEW) (Effective July 1, 2023) The Labor Commissioner may 160
196+develop an outreach program in order to inform employees and 161
197+employers about their rights and obligations under the provisions of 162
198+sections 2 and 3 of this act. Such program shall include the distribution 163
199+of notices and other written materials to employers and employees 164
200+working in a warehouse. 165
201+Sec. 6. (NEW) (Effective July 1, 2023) (a) The Labor Commissioner 166
202+shall have access to data, including employer-reported injury data and 167
203+enforcement actions in employer warehouses, the identity of 168
204+uninsured employers, and employers who are committing workers' 169
205+compensation fraud, wage theft or other information relevant to the 170
206+commissioner's authority. 171
207+(b) Not later than July 1, 2024, the Labor Commissioner shall report 172
208+to the joint standing committee of the General Assembly having 173
209+cognizance of matters relating to labor and public employees on (1) the 174
210+number of claims filed with the commissioner under section 3 of this 175
211+act, (2) data on warehouse production quotas in warehouses in which 176
212+the Workers' Compensation Commission has indicated that annual 177
213+employee injury rates are above the industry average, and (3) the 178
214+number of investigations undertaken and enforcement actions 179
215+initiated. 180
216+Sec. 7. (NEW) (Effective July 1, 2023) The Workers' Compensation 181 Substitute Bill No. 152
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219-employee injury rate at or over one and one-half times the warehousing 180
220-industry's average annual injury rate, the Workers' Compensation 181
221-Commission shall notify the Labor Commissioner and the 182
222-commissioner shall determine whether an investigation concerning 183
223-potential violations of sections 2 and 3 of this act is appropriate. 184
221+Commission shall monitor the injury rates for each employer, as 182
222+defined in section 1 of this act. If an employer is found to have an 183
223+annual employee injury rate at or over one and one-half times the 184
224+warehousing industry's average annual injury rate, the Workers' 185
225+Compensation Commission shall notify the Labor Commissioner and 186
226+the commissioner shall determine whether an investigation concerning 187
227+potential violations of sections 2 and 3 of this act is appropriate. 188
224228 This act shall take effect as follows and shall amend the following
225229 sections:
226230
227231 Section 1 July 1, 2023 New section
228232 Sec. 2 July 1, 2023 New section
229233 Sec. 3 July 1, 2023 New section
230234 Sec. 4 July 1, 2023 New section
231235 Sec. 5 July 1, 2023 New section
232236 Sec. 6 July 1, 2023 New section
233237 Sec. 7 July 1, 2023 New section
234238
235239 JUD Joint Favorable Subst.
236-APP Joint Favorable
237240