LCO 4255 1 of 7 General Assembly Committee Bill No. 8 January Session, 2025 LCO No. 4255 Referred to Committee on LABOR AND PUBLIC EMPLOYEES Introduced by: (LAB) AN ACT CONCERNING PROTECTIONS FOR WORKERS AND ENHANCEMENTS TO WORKERS' RIGHTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2025) As used in this section and 1 sections 2 to 9, inclusive, of this act: 2 (1) "Employee" means an individual who is employed at a warehouse 3 distribution center. "Employee" does not include a driver or courier 4 traveling to or from a warehouse distribution center; 5 (2) "Employer" means an individual, corporation, partnership, 6 limited partnership, limited liability partnership, limited liability 7 company, business trust, estate, trust, association, joint venture, agency, 8 instrumentality or any other legal or commercial entity, whether 9 domestic or foreign, that directly or indirectly, or through an agent or 10 any other person, including through services of a third-party employer, 11 temporary services, staffing agency, independent contractor or any 12 similar entity, at any time in the prior twelve months, employs or 13 exercises control over the wages, hours or working conditions of one 14 hundred or more employees at a single warehouse distribution center 15 Committee Bill No. 8 LCO 4255 2 of 7 in the state or one thousand or more employees at one or more 16 warehouse distribution centers in the state; 17 (3) "Quota" means a work performance standard where: 18 (A) An employee is assigned or required to perform at a specified 19 productivity speed or a quantified number of tasks or to handle or 20 produce a quantified amount of material within a defined time period; 21 (B) Actions by an employee are categorized and measured between 22 time performing tasks and not performing tasks within a defined time 23 period; 24 (C) Increments of time within a defined time period during which an 25 employee is or is not doing a particular activity are measured, recorded 26 or tallied; or 27 (D) An employee's performance is ranked in relation to the 28 performance of other employees; 29 (4) "Work speed data" means information an employer collects, 30 stores, analyzes or interprets relating to an individual employee's 31 performance of a quota, including, but not limited to, quantities of tasks 32 performed, quantities of items or materials handled or produced, rates 33 or speeds of tasks performed by the employee, measurements or metrics 34 of employee performance in relation to a quota and time categorized as 35 performing tasks or not performing tasks; and 36 (5) "Warehouse distribution center" means an establishment as 37 defined by any of the following North American Industry Classification 38 System Codes, however such establishment is denominated: (A) 493110 39 for General Warehousing and Storage, (B) 423 for Merchant 40 Wholesalers, Durable Goods, (C) 424 for Merchant Wholesalers, 41 Nondurable Goods, (D) 454110 for Electronic Shopping and Mail-Order 42 Houses, or (E) 492110 for Couriers and Express Delivery Services. 43 Sec. 2. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 44 an employer shall provide to each employee a written description of 45 Committee Bill No. 8 LCO 4255 3 of 7 each quota to which such employee is subject, including any potential 46 adverse employment action that may result from a failure to satisfy such 47 quota. Such written description shall be provided to an employer's 48 current employees not later than August 1, 2026. For employees hired 49 after August 1, 2026, such written description shall be provided to the 50 employee upon hire. 51 (b) Whenever an employer makes a change to an existing quota for 52 an employee that results in a new quota for such employee, an employer 53 shall: 54 (1) Notify the employee of such change as soon as possible, either 55 verbally or in writing, and prior to the effective date of such new quota; 56 and 57 (2) Provide the employee with a written description of the new quota 58 to which such employee is subject not later than two business days after 59 the change is made. 60 (c) Any written description required pursuant to this section shall be 61 provided directly to an employee by a manager during such employee's 62 work hours. 63 Sec. 3. (NEW) (Effective October 1, 2025) On and after July 1, 2026, no 64 quota shall: 65 (1) Prevent compliance with the provisions of section 31-51ii of the 66 general statutes concerning meal periods; 67 (2) Interfere with an employee's use of the bathroom facilities, 68 including reasonable travel time to and from the bathroom facilities; 69 (3) Set a performance standard that measures an employee's total 70 output over an increment of time that is shorter than such employee's 71 work day; or 72 (4) Set a performance standard that is based solely on ranking the 73 performance of an employee in relation to the performance of other 74 Committee Bill No. 8 LCO 4255 4 of 7 employees. 75 Sec. 4. (NEW) (Effective October 1, 2025) On and after July 1, 2026, no 76 employer shall take any adverse action against an employee for failing 77 to satisfy a quota that violates the provisions of section 3 of this act or 78 has not previously been provided to the employee pursuant to section 2 79 of this act. 80 Sec. 5. (NEW) (Effective October 1, 2025) On and after July 1, 2026, each 81 employer shall establish, maintain and preserve contemporaneous, true 82 and accurate records of (1) each individual employee's work speed data, 83 (2) the aggregated work speed data for similar employees at the same 84 warehouse distribution center, and (3) the written descriptions 85 provided to each employee pursuant to section 2 of this act. Such 86 records shall be maintained for a period of three years. Nothing in this 87 section shall require an employer to establish, maintain and preserve the 88 records required pursuant to this section if such employer does not 89 assign or require quotas or collect, store, analyze or interpret work 90 speed data. 91 Sec. 6. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 92 if an employee believes satisfying a quota caused or will cause a 93 violation of section 3 of this act, such employee may request from such 94 employee's employer: (1) A written description of each quota the 95 employee is subject to, (2) a copy of the employee's personal work speed 96 data for the prior ninety days, and (3) a copy of aggregated work speed 97 data for similar employees at the same warehouse distribution center 98 for the prior ninety days. 99 (b) On and after July 1, 2026, a former employee may request from a 100 former employer: (1) A written description of each quota the employee 101 was subject to for the ninety days prior to the employee's separation 102 from employment with such employer; (2) a copy of the employee's 103 personal work speed data for the ninety days prior to such employee's 104 separation from employment with such employer; and (3) a copy of 105 aggregated work speed data for similar employees at the same 106 Committee Bill No. 8 LCO 4255 5 of 7 warehouse distribution center for the ninety days prior to such 107 employee's separation from employment with such employer. A former 108 employee may only make one request under this section. 109 (c) An employer shall provide a written copy of any records 110 requested pursuant to this section not later than five calendar days after 111 receipt of such request. Such written copy shall be provided (1) in both 112 English and the primary language of the employee requesting such 113 records, and (2) for a current employee, directly to the requesting 114 employee by a manager during such employee's work hours. 115 Sec. 7. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 116 no employer shall discharge or in any way retaliate, discriminate or take 117 any adverse action against an employee or former employee for (1) 118 making a request pursuant to section 6 of this act, or (2) filing a civil 119 action pursuant to section 8 of this act. 120 (b) On and after July 1, 2026, if an employer discharges or in any way 121 retaliates, discriminates or takes any adverse action against an employee 122 or former employee within ninety days after such employee engages in 123 or attempts to engage in the activities described in subsection (a) of this 124 section, there shall be a rebuttable presumption that such adverse action 125 is in violation of this section. Such presumption may be rebutted by clear 126 and convincing evidence that (1) the adverse action was taken for other 127 permissible reasons, and (2) the employee engaging or attempting to 128 engage in the activities described in subsection (a) of this section was 129 not a motivating factor for the employer taking such adverse action. 130 Sec. 8. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 131 an employee aggrieved by a violation of sections 2 to 7, inclusive, of this 132 act, or the Attorney General on behalf of an employee aggrieved by a 133 violation of sections 2 to 7, inclusive, of this act, may bring a civil action 134 in the Superior Court to recover damages, civil penalties and such 135 equitable and injunctive relief as the court deems appropriate. The 136 prevailing party in such civil action may be awarded reasonable 137 attorney's fees and costs to be taxed by the court. 138 Committee Bill No. 8 LCO 4255 6 of 7 (b) An employer who violates the provisions of sections 2 to 7, 139 inclusive, of this act may be assessed a civil penalty by the court of (1) 140 one thousand dollars for a first violation, (2) two thousand dollars for a 141 second violation, or (3) three thousand dollars for a third or subsequent 142 violation. 143 Sec. 9. (NEW) (Effective October 1, 2025) On and after July 1, 2026, the 144 Workers' Compensation Commission shall monitor the injury rates of 145 employees working in warehouse distribution centers in the state. If an 146 employer is found to have an annual injury rate at or over one and one-147 half times the average annual injury rate for the relevant North 148 American Industry Classification System codes, based on data reported 149 to the federal Occupational and Safety and Health Administration, the 150 Workers' Compensation Commission shall notify the Labor 151 Commissioner and the commissioner shall determine whether an 152 investigation concerning potential violations of sections 2 to 7, inclusive, 153 of this act is appropriate. 154 Sec. 10. Subdivision (3) of subsection (a) of section 31-236 of the 155 general statutes is repealed and the following is substituted in lieu 156 thereof (Effective October 1, 2025): 157 (3) During any week in which the administrator finds that the 158 individual's total or partial unemployment is due to the existence of a 159 labor dispute other than a lockout at the factory, establishment or other 160 premises at which the individual is or has been employed, [provided] 161 except that the provisions of this subsection do not apply if it is shown 162 to the satisfaction of the administrator that: (A) For a labor dispute that 163 begins on or after December 14, 2026, such labor dispute has been 164 continuous for fourteen days since the commencement of such labor 165 dispute; (B) (i) the individual is not participating in or financing or 166 directly interested in the labor dispute that caused the unemployment, 167 and [(B)] (ii) the individual does not belong to a trade, class or 168 organization of workers, members of which, immediately before the 169 commencement of the labor dispute, were employed at the premises at 170 which the labor dispute occurred, and are participating in or financing 171 Committee Bill No. 8 LCO 4255 7 of 7 or directly interested in the dispute; or (C) the individual's 172 unemployment is due to the existence of a lockout. A lockout exists 173 whether or not such action is to obtain for the employer more 174 advantageous terms when an employer (i) fails to provide employment 175 to its employees with whom the employer is engaged in a labor dispute, 176 either by physically closing its plant or informing its employees that 177 there will be no work until the labor dispute has terminated, or (ii) 178 makes an announcement that work will be available after the expiration 179 of the existing contract only under terms and conditions that are less 180 favorable to the employees than those current immediately prior to such 181 announcement; provided in either event the recognized or certified 182 bargaining agent shall have advised the employer that the employees 183 with whom the employer is engaged in the labor dispute are ready, able 184 and willing to continue working pending the negotiation of a new 185 contract under the terms and conditions current immediately prior to 186 such announcement; 187 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2025 New section Sec. 2 October 1, 2025 New section Sec. 3 October 1, 2025 New section Sec. 4 October 1, 2025 New section Sec. 5 October 1, 2025 New section Sec. 6 October 1, 2025 New section Sec. 7 October 1, 2025 New section Sec. 8 October 1, 2025 New section Sec. 9 October 1, 2025 New section Sec. 10 October 1, 2025 31-236(a)(3) LAB Joint Favorable