Connecticut 2024 Regular Session

Connecticut Senate Bill SB00412 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO 1 of 7
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5	5		General Assembly Substitute Bill No. 412
6	6		February Session, 2024
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12	12		AN ACT CONCERNING THE PROTECTION OF WAREHOUSE
13	13		WORKERS IN THE STATE.
14	14		Be it enacted by the Senate and House of Representatives in General
15	15		Assembly convened:
16	16
17	17		Section 1. (NEW) (Effective October 1, 2024) As used in this section and 1
18	18		sections 2 to 8, inclusive, of this act: 2
19	19		(1) "Employee" means any individual engaged in service to an 3
20	20		employer in a business of such employer. "Employee" does not include 4
21	21		a driver or courier traveling to or from a warehouse distribution center; 5
22	22		(2) "Employer" means an individual, corporation, partnership, 6
23	23		limited partnership, limited liability partnership, limited liability 7
24	24		company, business trust, estate, trust, association, joint venture, agency, 8
25	25		instrumentality or any other legal or commercial entity, whether 9
26	26		domestic or foreign, that directly or indirectly, or through an agent or 10
27	27		any other person, including through the services of a third-party 11
28	28		employer, temporary services, staffing agency, independent contractor 12
29	29		or any similar entity, at any time in the prior twelve months, employs 13
30	30		or exercises control over the wages, hours or working conditions of (A) 14
31	31		one hundred or more employees at a single warehouse distribution 15
32	32		center in the state, or (B) one thousand or more employees, in the 16
33	33		aggregate, at one or more warehouse distribution centers in the state 17
34	34		that are owned and operated by the same individual, partnership, 18 Substitute Bill No. 412
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37		-	LCO 2 of 6
	37	+	LCO 2 of 7
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39	39		corporation, limited liability company, association of persons or other 19
40	40		business entity; 20
41	41		(3) "Quota" means a work performance standard or performance 21
42	42		target where (A) an employee is assigned or required to (i) perform a 22
43	43		quantified number of tasks within a defined time period, (ii) perform at 23
44	44		a specified productivity speed, or (iii) handle or produce a quantified 24
45	45		amount of material without a certain number of errors or defects as 25
46	46		measured at the individual or group level within a defined time period, 26
47	47		(B) an employee's actions are categorized and measured between time 27
48	48		performing tasks and not performing tasks, (C) an employee's 28
49	49		performance is ranked in relation to the performance of other 29
50	50		employees, or (D) increments of time are continuously measured, 30
51	51		recorded or tallied within an employee's work day where such 31
52	52		employee is or is not doing a particular activity or set of activities; 32
53	53		(4) "Work speed data" means information an employer collects, 33
54	54		stores, analyzes or interprets relating to an individual employee's 34
55	55		performance of a quota, including, but not limited to, quantities of tasks 35
56	56		performed, quantities of items or materials handled or produced, rates 36
57	57		or speeds of tasks performed, measurements or metrics of employee 37
58	58		performance in relation to a quota and time categorized as performing 38
59	59		tasks or not performing tasks; and 39
60	60		(5) "Warehouse distribution center" means an establishment as 40
61	61		defined by any of the following North American Industry Classification 41
62	62		System Codes: (A) 493110 for General Warehousing and Storage; (B) 423 42
63	63		for Merchant Wholesalers, Durable Goods; (C) 424 for Merchant 43
64	64		Wholesalers, Nondurable Goods; (D) 454110 for Electronic Shopping 44
65	65		and Mail-Order Houses; or (E) 492110 for Couriers and Express Delivery 45
66	66		Services. 46
67	67		Sec. 2. (NEW) (Effective October 1, 2024) (a) On and after July 1, 2025, 47
68	68		each employer shall provide to each employee not later than August 1, 48
69	69		2025, or, for an employee hired on or after August 1, 2025, upon hire, a 49
70	70		written description of each quota such employee is or will be subject to, 50 Substitute Bill No. 412
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73		-	LCO 3 of 6
	73	+	LCO 3 of 7
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75	75		including any potential adverse employment action that may result 51
76	76		from a failure to meet each quota. 52
77	77		(b) Whenever the employer makes a change to a quota and such 53
78	78		change results in a different quota for an employee than the most recent 54
79	79		written description provided to the employee pursuant to subsection (a) 55
80	80		of this section, an employer shall: 56
81	81		(1) Notify the employee of such change as soon as possible, either 57
82	82		verbally or in writing, prior to such employee becoming subject to the 58
83	83		new quota; and 59
84	84		(2) Provide the employee with an updated written description of each 60
85	85		quota for which such employee is subject to not later than two business 61
86	86		days after such quota change. 62
87	87		(c) An employer shall provide a written copy of any quota required 63
88	88		pursuant to this section to an employee. Such written copy shall be 64
89	89		provided directly to such employee by a manager during such 65
90	90		employee's work hours. 66
91	91		Sec. 3. (NEW) (Effective October 1, 2024) (a) On and after July 1, 2025, 67
92	92		no quota shall: (1) Violate the provisions of section 31-51ii of the general 68
93	93		statutes concerning meal periods; (2) interfere with an employee's use 69
94	94		of the bathroom facilities, including reasonable travel time to and from 70
95	95		the bathroom facilities; (3) measure an employee's total output over an 71
96	96		increment of time that is shorter than such employee's work day; (4) be 72
97	97		based solely on ranking the performance of an employee in relation to 73
98	98		the performance of other employees; or (5) measure, record or tally 74
99	99		increments of time during an employee's work day where such 75
100	100		employee is or is not performing a particular activity or set of activities. 76
101	101		(b) No employer shall take any adverse action against an employee 77
102	102		for failing to meet a quota (1) that violates the provisions of section 31-78
103	103		51ii of the general statutes as described in subdivision (1) of subsection 79
104	104		(a) of this section, (2) that interferes with the employee's use of bathroom 80
105	105		facilities, including reasonable time to travel to and from the bathroom 81 Substitute Bill No. 412
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108		-	LCO 4 of 6
	108	+	LCO 4 of 7
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110	110		facilities, (3) if such employee did not complete such employee's entire 82
111	111		scheduled shift, or (4) that has not been previously provided to an 83
112	112		employee pursuant to section 2 of this act. 84
113	113		Sec. 4. (NEW) (Effective October 1, 2024) (a) On and after July 1, 2025, 85
114	114		each employer shall establish, maintain and preserve contemporaneous, 86
115	115		true and accurate records of the following: (1) Each employee's own 87
116	116		personal work speed data; (2) the aggregate work speed data for similar 88
117	117		employees at the same warehouse distribution center; and (3) the 89
118	118		written description of each quota that each employee was provided 90
119	119		pursuant to section 2 of this act. 91
120	120		(b) An employer shall maintain and preserve any records required 92
121	121		pursuant to this section for a period of not more than three years. 93
122	122		(c) Nothing in this section shall require an employer to establish, 94
123	123		maintain and preserve the records required pursuant to this section if 95
124	124		such employer does not use quotas or monitor work speed data. 96
125	125		Sec. 5. (NEW) (Effective October 1, 2024) (a) On and after July 1, 2025, 97
126	126		if an employee believes meeting a quota caused or will cause a violation 98
127	127		of subsection (a) of section 3 of this act, such employee may request from 99
128	128		such employee's supervisor, or another designated supervisor: (1) A 100
129	129		written description of each quota the employee is subject to; (2) a copy 101
130	130		of any records of the employee's own personal work speed data for the 102
131	131		ninety days prior to such request; and (3) a copy of any records of 103
132	132		aggregated work speed data for similar employees at the same 104
133	133		employer for the ninety days prior to such request. 105
134	134		(b) On and after July 1, 2025, a former employee may request from a 106
135	135		former employer: (1) A written description of each quota the employee 107
136	136		was subject to for the ninety days prior to the date of such employee's 108
137	137		separation from employment; (2) a copy of any records of the 109
138	138		employee's own personal work speed data for the ninety days prior to 110
139	139		such employee's separation from employment; and (3) a copy of any 111
140	140		records of aggregated work speed data for similar employees at the 112
141	141		same warehouse distribution center for the ninety days prior to the 113 Substitute Bill No. 412
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144		-	LCO 5 of 6
	144	+	LCO 5 of 7
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146	146		employee's separation from employment. A former employee may only 114
147	147		make one such request of such former employer under this section. 115
148	148		(c) An employer shall provide a written copy of any records 116
149	149		requested pursuant to this section not later than five calendar days after 117
150	150		receipt of such request. Such written copy shall be provided in both 118
151	151		English and the language identified by the requesting employee as the 119
152	152		primary language of such employee. Such written copy shall be 120
153	153		provided directly to such employee by a manager during such 121
154	154		employee's work hours. 122
155	155		Sec. 6. (NEW) (Effective October 1, 2024) (a) On and after July 1, 2025, 123
156	156		no employer shall discharge or in any way retaliate, discriminate or take 124
157	157		any adverse action against any employee or former employee solely due 125
158	158		to such employee (1) making a request pursuant to section 5 of this act, 126
159	159		or (2) filing a civil action pursuant to section 7 of this act. 127
160	160		(b) (1) On and after July 1, 2025, if an employer discharges or in any 128
161	161		way retaliates, discriminates or takes any adverse action against any 129
162	162		employee or former employee within ninety days after such employee 130
163	163		(A) makes a request pursuant to section 5 of this act, or (B) files a civil 131
164	164		action pursuant to section 7 of this act, there shall be a rebuttable 132
165	165		presumption that such adverse action is in violation of this section. 133
166	166		(2) Such presumption may be rebutted by clear and convincing 134
167	167		evidence that (1) the adverse action was taken for other permissible 135
168	168		reasons, and (2) the employee (A) making or attempting to make a 136
169	169		request pursuant to section 5 of this act, or (B) filing a civil action 137
170	170		pursuant to section 7 of this act was not a motivating factor in the 138
171	171		employer taking such adverse action. 139
172	172		Sec. 7. (NEW) (Effective October 1, 2024) (a) On and after July 1, 2025, 140
173	173		any employee aggrieved by a violation of sections 2 to 6, inclusive, of 141
174	174		this act, or the Attorney General on behalf of any employee aggrieved 142
175	175		by a violation of sections 2 to 6, inclusive, of this act, may bring a civil 143
176	176		action in the Superior Court to recover damages, civil penalties and such 144
177	177		equitable and injunctive relief as the court deems appropriate. Any 145 Substitute Bill No. 412
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180		-	LCO 6 of 6
	180	+	LCO 6 of 7
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182	182		person who prevails in such civil action may be awarded reasonable 146
183	183		attorney's fees and cost to be taxed by the court. 147
184	184		(b) Any employer who violates a provision of sections 2 to 6, 148
185	185		inclusive, of this act may be assessed a civil penalty by the court of (1) 149
186	186		one thousand dollars for a first violation, (2) two thousand dollars for a 150
187	187		second violation, or (3) three thousand dollars for a third or subsequent 151
188	188		violations. 152
189	189		Sec. 8. (NEW) (Effective October 1, 2024) On and after July 1, 2025, the 153
190	190		Workers' Compensation Commission shall monitor the injury rates of 154
191	191		employees working in warehouse distribution centers in the state. If an 155
192	192		employer is found to have an annual injury rate at or over one and one-156
193	193		half times the warehousing industry's average annual injury rate, the 157
194	194		Workers' Compensation Commission shall notify the Labor 158
195	195		Commissioner and the commissioner shall determine whether an 159
196	196		investigation concerning potential violations of sections 2 to 6, inclusive, 160
197	197		of this act is appropriate. 161
198	198		This act shall take effect as follows and shall amend the following
199	199		sections:
200	200
201	201		Section 1 October 1, 2024 New section
202	202		Sec. 2 October 1, 2024 New section
203	203		Sec. 3 October 1, 2024 New section
204	204		Sec. 4 October 1, 2024 New section
205	205		Sec. 5 October 1, 2024 New section
206	206		Sec. 6 October 1, 2024 New section
207	207		Sec. 7 October 1, 2024 New section
208	208		Sec. 8 October 1, 2024 New section
209	209
	210	+	Statement of Legislative Commissioners:
	211	+	In Section 2(b)(2), "change in the quota" was changed to "quota change"
	212	+	for clarity; in Section 4(c), "under this section" was changed to "pursuant
	213	+	to this section" for consistency with standard drafting conventions; in
	214	+	Section 5(a), in Subdiv. (2) "prior ninety days" was changed to "ninety
	215	+	days prior to such request" for conformity and Subdiv. (3) was rewritten
	216	+	for conformity; and Section 6(a) was rewritten for clarity.
	217	+	Substitute Bill No. 412
	218	+
	219	+
	220	+	LCO 7 of 7
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211	222		LAB Joint Favorable Subst.
212		-	JUD Joint Favorable
213	223