Connecticut 2025 Regular Session

Connecticut House Bill HB06907 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 4411 1 of 6
	3	+	LCO No. 4411 1 of 7
4	4
5	5		General Assembly Raised Bill No. 6907
6	6		January Session, 2025
7	7		LCO No. 4411
8	8
9	9
10		-	Referred to Committee on LABOR AND PUBLIC
11		-	EMPLOYEES
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
12	11
13	12
14	13		Introduced by:
15	14		(LAB)
	15	+
16	16
17	17
18	18
19	19		AN ACT CONCERNING THE USE OF QUOTAS BY WAREHOUSE
20	20		DISTRIBUTION CENTERS.
21	21		Be it enacted by the Senate and House of Representatives in General
22	22		Assembly convened:
23	23
24	24		Section 1. (NEW) (Effective October 1, 2025) As used in this section and 1
25	25		sections 2 to 9, inclusive, of this act: 2
26	26		(1) "Employee" means an individual who is employed at a warehouse 3
27	27		distribution center. "Employee" does not include a driver or courier 4
28	28		traveling to or from a warehouse distribution center; 5
29	29		(2) "Employer" means an individual, corporation, partnership, 6
30	30		limited partnership, limited liability partnership, limited liability 7
31	31		company, business trust, estate, trust, association, joint venture, agency, 8
32	32		instrumentality or any other legal or commercial entity, whether 9
33	33		domestic or foreign that directly or indirectly, or through an agent or 10
34		-	any other person, including through services of a third-party employer, 11
	34	+	any other person, including through services of a third party employer, 11
35	35		temporary services, staffing agency, independent contractor or any 12
36	36		similar entity, at any time in the prior twelve months, employs or 13
37		-	exercises control over the wages, hours or working conditions of one 14 Raised Bill No. 6907
	37	+	exercises control over the wages, hours or working conditions of one 14
	38	+	hundred or more employees at a single warehouse distribution center 15
	39	+	Raised Bill No. 6907
38	40
39	41
40		-	LCO 4411 2 of 6
41	42
42		-	hundred or more employees at a single warehouse distribution center 15
	43	+	LCO No. 4411 2 of 7
	44	+
43	45		in the state or one thousand or more employees at one or more 16
44	46		warehouse distribution centers in the state; 17
45	47		(3) "Quota" means a work performance standard where: 18
46	48		(A) An employee is assigned or required to perform at a specified 19
47	49		productivity speed or a quantified number of tasks or to handle or 20
48	50		produce a quantified amount of material within a defined time period; 21
49	51		(B) Actions by an employee are categorized and measured between 22
50	52		time performing tasks and not performing tasks within a defined time 23
51	53		period; 24
52	54		(C) Increments of time within a defined time period during which an 25
53	55		employee is or is not doing a particular activity that are measured, 26
54	56		recorded or tallied; or 27
55	57		(D) An employee's performance is ranked in relation to the 28
56	58		performance of other employees; 29
57	59		(4) "Work speed data" means information an employer collects, 30
58	60		stores, analyzes or interprets relating to an individual employee's 31
59	61		performance of a quota, including, but not limited to, quantities of tasks 32
60	62		performed, quantities of items or materials handled or produced, rates 33
61	63		or speeds of tasks performed by the employee, measurements or metrics 34
62	64		of employee performance in relation to a quota and time categorized as 35
63	65		performing tasks or not performing tasks; and 36
64	66		(5) "Warehouse distribution center" means an establishment as 37
65	67		defined by any of the following North American Industry Classification 38
66	68		System Codes, however such establishment is denominated: (A) 493110 39
67	69		for General Warehousing and Storage, (B) 423 for Merchant 40
68	70		Wholesalers, Durable Goods, (C) 424 for Merchant Wholesalers, 41
69	71		Nondurable Goods, (D) 454110 for Electronic Shopping and Mail-Order 42
70	72		Houses, or (E) 492110 for Couriers and Express Delivery Services. 43
71		-	Sec. 2. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 44 Raised Bill No. 6907
	73	+	Sec. 2. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 44
	74	+	Raised Bill No. 6907
72	75
73	76
74		-	LCO 4411 3 of 6
	77	+
	78	+	LCO No. 4411 3 of 7
75	79
76	80		an employer shall provide to each employee a written description of 45
77	81		each quota to which such employee is subject, including any potential 46
78	82		adverse employment action that may result from a failure to satisfy such 47
79	83		quota. Such written description shall be provided to an employer's 48
80	84		current employees not later than August 1, 2026. For employees hired 49
81	85		after August 1, 2026, such written description shall be provided to the 50
82	86		employee upon hire. 51
83	87		(b) Whenever an employer makes a change to an existing quota for 52
84	88		an employee that results in a new quota for such employee, an employer 53
85	89		shall: 54
86	90		(1) Notify the employee of such change as soon as possible, either 55
87	91		verbally or in writing, and prior to the effective date of such new quota; 56
88	92		and 57
89	93		(2) Provide the employee with a written description of the new quota 58
90	94		to which such employee is subject to not later than two business days 59
91	95		after the change is made. 60
92	96		(c) Any written description required pursuant to this section shall be 61
93	97		provided directly to an employee by a manager during such employee's 62
94	98		work hours. 63
95	99		Sec. 3. (NEW) (Effective October 1, 2025) On and after July 1, 2026, no 64
96	100		quota shall: 65
97	101		(1) Prevent compliance with the provisions of section 31-51ii of the 66
98	102		general statutes concerning meal periods; 67
99	103		(2) Interfere with an employee's use of the bathroom facilities, 68
100	104		including reasonable travel time to and from the bathroom facilities; 69
101	105		(3) Set a performance standard that measures an employee's total 70
102	106		output over an increment of time that is shorter than such employee's 71
103	107		work day; or 72
104		-	~~(4) Set a performance standard that is based solely on ranking the 73~~ Raised Bill No. 6907
	108	+	Raised Bill No. 6907
105	109
106	110
107		-	LCO 4411 4 of 6
108	111
	112	+	LCO No. 4411 4 of 7
	113	+
	114	+	(4) Set a performance standard that is based solely on ranking the 73
109	115		performance of an employee in relation to the performance of other 74
110	116		employees. 75
111	117		Sec. 4. (NEW) (Effective October 1, 2025) On and after July 1, 2026, no 76
112	118		employer shall take any adverse action against an employee for failing 77
113	119		to satisfy a quota that violates the provisions of section 3 of this act or 78
114	120		has not previously been provided to the employee pursuant to section 2 79
115	121		of this act. 80
116	122		Sec. 5. (NEW) (Effective October 1, 2025) On and after July 1, 2026, each 81
117	123		employer shall establish, maintain and preserve contemporaneous, true 82
118	124		and accurate records of (1) each individual employee's work speed data, 83
119	125		(2) the aggregated work speed data for similar employees at the same 84
120	126		warehouse distribution center, and (3) the written descriptions 85
121	127		provided to each employee pursuant to section 2 of this act. Such 86
122	128		records shall be maintained for a period of three years. Nothing in this 87
123	129		section shall require an employer to establish, maintain and preserve the 88
124	130		records required pursuant to this section if such employer does not 89
125	131		assign or require quotas or collect, store, analyze or interpret work 90
126	132		speed data. 91
127	133		Sec. 6. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 92
128	134		if an employee believes satisfying a quota caused or will cause a 93
129	135		violation of section 3 of this act, such employee may request from such 94
130	136		employee's employer: (1) A written description of each quota the 95
131	137		employee is subject to, (2) a copy of the employee's personal work speed 96
132	138		data for the prior ninety days, and (3) a copy of aggregated work speed 97
133	139		data for similar employees at the same warehouse distribution center 98
134	140		for the prior ninety days. 99
135	141		(b) On and after July 1, 2026, a former employee may request from a 100
136	142		former employer: (1) A written description of each quota the employee 101
137	143		was subject to for the ninety days prior to the employee's separation 102
138	144		from employment with such employer; (2) a copy of the employee's 103
139		-	personal work speed data for the ninety days prior to such employee's 104
140		-	separation from employment with such employer; and (3) a copy of 105 Raised Bill No. 6907
	145	+	Raised Bill No. 6907
141	146
142	147
143		-	LCO 4411 5 of 6
144	148
	149	+	LCO No. 4411 5 of 7
	150	+
	151	+	personal work speed data for the ninety days prior to such employee's 104
	152	+	separation from employment with such employer; and (3) a copy of 105
145	153		aggregated work speed data for similar employees at the same 106
146	154		warehouse distribution center for the ninety days prior to such 107
147	155		employee's separation from employment with such employer. A former 108
148	156		employee may only make one request under this section. 109
149	157		(c) An employer shall provide a written copy of any records 110
150	158		requested pursuant to this section not later than five calendar days after 111
151	159		receipt of such request. Such written copy shall be provided (1) in both 112
152	160		English and the primary language of the employee requesting such 113
153	161		records, and (2) for a current employee, directly to the requesting 114
154	162		employee by a manager during such employee's work hours. 115
155	163		Sec. 7. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 116
156	164		no employer shall discharge or in any way retaliate, discriminate or take 117
157	165		any adverse action against an employee or former employee for (1) 118
158	166		making a request pursuant to section 6 of this act, or (2) filing a civil 119
159	167		action pursuant to section 8 of this act. 120
160	168		(b) On and after July 1, 2026, if an employer discharges or in any way 121
161	169		retaliates, discriminates or takes any adverse action against an employee 122
162	170		or former employee within ninety days after such employee engages in 123
163	171		or attempts to engage in the activities described in subsection (a) of this 124
164	172		section, there shall be a rebuttable presumption that such adverse action 125
165	173		is in violation of this section. Such presumption may be rebutted by clear 126
166	174		and convincing evidence that (1) the adverse action was taken for other 127
167	175		permissible reasons, and (2) the employee engaging or attempting to 128
168	176		engage in the activities described in subsection (a) of this section was 129
169	177		not a motivating factor for the employer taking such adverse action. 130
170	178		Sec. 8. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 131
171	179		an employee aggrieved by a violation of sections 2 to 7, inclusive, of this 132
172	180		act, or the Attorney General on behalf of an employee aggrieved by a 133
173	181		violation of sections 2 to 7, inclusive, of this act, may bring a civil action 134
	182	+	Raised Bill No. 6907
	183	+
	184	+
	185	+
	186	+	LCO No. 4411 6 of 7
	187	+
174	188		in the Superior Court to recover damages, civil penalties and such 135
175	189		equitable and injunctive relief as the court deems appropriate. The 136
176		-	prevailing party in such civil action may be awarded reasonable 137 Raised Bill No. 6907
177		-
178		-
179		-	LCO 4411 6 of 6
180		-
	190	+	prevailing party in such civil action may be awarded reasonable 137
181	191		attorney's fees and costs to be taxed by the court. 138
182	192		(b) An employer who violates the provisions of sections 2 to 7, 139
183	193		inclusive, of this act, may be assessed a civil penalty by the court of (1) 140
184	194		one thousand dollars for a first violation, (2) two thousand dollars for a 141
185	195		second violation, or (3) three thousand dollars for a third or subsequent 142
186	196		violation. 143
187	197		Sec. 9. (NEW) (Effective October 1, 2025) On and after July 1, 2026, the 144
188	198		Workers' Compensation Commission shall monitor the injury rates of 145
189	199		employees working in warehouse distribution centers in the state. If an 146
190	200		employer is found to have an annual injury rate at or over one and one-147
191	201		half times the average annual injury rate for the relevant North 148
192	202		American Industry Classification System codes, based on data reported 149
193	203		to the federal Occupational and Safety and Health Administration, the 150
194	204		Workers' Compensation Commission shall notify the Labor 151
195	205		Commissioner and the commissioner shall determine whether an 152
196	206		investigation concerning potential violations of sections 2 to 7, inclusive, 153
197	207		of this act is appropriate. 154
198	208		This act shall take effect as follows and shall amend the following
199	209		sections:
200	210
201	211		Section 1 October 1, 2025 New section
202	212		Sec. 2 October 1, 2025 New section
203	213		Sec. 3 October 1, 2025 New section
204	214		Sec. 4 October 1, 2025 New section
205	215		Sec. 5 October 1, 2025 New section
206	216		Sec. 6 October 1, 2025 New section
207	217		Sec. 7 October 1, 2025 New section
208	218		Sec. 8 October 1, 2025 New section
209	219		Sec. 9 October 1, 2025 New section
210	220
211		-	LAB Joint Favorable
	221	+	Raised Bill No. 6907
	222	+
	223	+
	224	+
	225	+	LCO No. 4411 7 of 7
	226	+
	227	+	Statement of Purpose:
	228	+	To create restrictions on certain quotas used by warehouse distribution
	229	+	centers and protections for warehouse workers against such quotas.
	230	+
	231	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	232	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	233	+	underlined.]
212	234