Connecticut 2025 Regular Session

Connecticut Senate Bill SB00008 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	T
1	2
2	3
3		-	LCO 4255 1 of 7
	4	+	LCO No. 4255 1 of 8
4	5
5	6		General Assembly Committee Bill No. 8
6	7		January Session, 2025
7	8		LCO No. 4255
8	9
9	10
10	11		Referred to Committee on LABOR AND PUBLIC EMPLOYEES
11	12
12	13
13	14		Introduced by:
14	15		(LAB)
15	16
16	17
17	18
18	19		AN ACT CONCERNING PROTECTIONS FOR WORKERS AND
19	20		ENHANCEMENTS TO WORKERS' RIGHTS.
20	21		Be it enacted by the Senate and House of Representatives in General
21	22		Assembly convened:
22	23
23	24		Section 1. (NEW) (Effective October 1, 2025) As used in this section and 1
24	25		sections 2 to 9, inclusive, of this act: 2
25	26		(1) "Employee" means an individual who is employed at a warehouse 3
26	27		distribution center. "Employee" does not include a driver or courier 4
27	28		traveling to or from a warehouse distribution center; 5
28	29		(2) "Employer" means an individual, corporation, partnership, 6
29	30		limited partnership, limited liability partnership, limited liability 7
30	31		company, business trust, estate, trust, association, joint venture, agency, 8
31	32		instrumentality or any other legal or commercial entity, whether 9
32		-	domestic or foreign, that directly or indirectly, or through an agent or 10
33		-	any other person, including through services of a third-party employer, 11
	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	35		temporary services, staffing agency, independent contractor or any 12
35	36		similar entity, at any time in the prior twelve months, employs or 13
36	37		exercises control over the wages, hours or working conditions of one 14
37		-	hundred or more employees at a single warehouse distribution center 15 Committee Bill No. 8
	38	+	hundred or more employees at a single warehouse distribution center 15
	39	+	Committee Bill No. 8
38	40
39	41
40		-	LCO 4255 2 of 7
	42	+	LCO No. 4255 2 of 8
41	43
42	44		in the state or one thousand or more employees at one or more 16
43	45		warehouse distribution centers in the state; 17
44	46		(3) "Quota" means a work performance standard where: 18
45	47		(A) An employee is assigned or required to perform at a specified 19
46	48		productivity speed or a quantified number of tasks or to handle or 20
47	49		produce a quantified amount of material within a defined time period; 21
48	50		(B) Actions by an employee are categorized and measured between 22
49	51		time performing tasks and not performing tasks within a defined time 23
50	52		period; 24
51	53		(C) Increments of time within a defined time period during which an 25
52		-	employee is or is not doing a particular activity are measured, ~~recorded~~ 26
53		-	or tallied; or 27
	54	+	employee is or is not doing a particular activity that are measured, 26
	55	+	recorded or tallied; or 27
54	56		(D) An employee's performance is ranked in relation to the 28
55	57		performance of other employees; 29
56	58		(4) "Work speed data" means information an employer collects, 30
57	59		stores, analyzes or interprets relating to an individual employee's 31
58	60		performance of a quota, including, but not limited to, quantities of tasks 32
59	61		performed, quantities of items or materials handled or produced, rates 33
60	62		or speeds of tasks performed by the employee, measurements or metrics 34
61	63		of employee performance in relation to a quota and time categorized as 35
62	64		performing tasks or not performing tasks; and 36
63	65		(5) "Warehouse distribution center" means an establishment as 37
64	66		defined by any of the following North American Industry Classification 38
65	67		System Codes, however such establishment is denominated: (A) 493110 39
66	68		for General Warehousing and Storage, (B) 423 for Merchant 40
67	69		Wholesalers, Durable Goods, (C) 424 for Merchant Wholesalers, 41
68	70		Nondurable Goods, (D) 454110 for Electronic Shopping and Mail-Order 42
69	71		Houses, or (E) 492110 for Couriers and Express Delivery Services. 43
70	72		Sec. 2. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 44
71		-	~~an employer shall provide to each employee a written description of 45~~ Committee Bill No. 8
	73	+	Committee Bill No. 8
72	74
73	75
74		-	LCO 4255 3 of 7
	76	+	LCO No. 4255 3 of 8
75	77
	78	+	an employer shall provide to each employee a written description of 45
76	79		each quota to which such employee is subject, including any potential 46
77	80		adverse employment action that may result from a failure to satisfy such 47
78	81		quota. Such written description shall be provided to an employer's 48
79	82		current employees not later than August 1, 2026. For employees hired 49
80	83		after August 1, 2026, such written description shall be provided to the 50
81	84		employee upon hire. 51
82	85		(b) Whenever an employer makes a change to an existing quota for 52
83	86		an employee that results in a new quota for such employee, an employer 53
84	87		shall: 54
85	88		(1) Notify the employee of such change as soon as possible, either 55
86	89		verbally or in writing, and prior to the effective date of such new quota; 56
87	90		and 57
88	91		(2) Provide the employee with a written description of the new quota 58
89		-	to which such employee is subject not later than two business days ~~after~~ 59
90		-	the change is made. 60
	92	+	to which such employee is subject to not later than two business days 59
	93	+	after the change is made. 60
91	94		(c) Any written description required pursuant to this section shall be 61
92	95		provided directly to an employee by a manager during such employee's 62
93	96		work hours. 63
94	97		Sec. 3. (NEW) (Effective October 1, 2025) On and after July 1, 2026, no 64
95	98		quota shall: 65
96	99		(1) Prevent compliance with the provisions of section 31-51ii of the 66
97	100		general statutes concerning meal periods; 67
98	101		(2) Interfere with an employee's use of the bathroom facilities, 68
99	102		including reasonable travel time to and from the bathroom facilities; 69
100	103		(3) Set a performance standard that measures an employee's total 70
101	104		output over an increment of time that is shorter than such employee's 71
102	105		work day; or 72
103		-	(4) Set a performance standard that is based solely on ranking the 73
104		-	performance of an employee in relation to the performance of other 74 Committee Bill No. 8
	106	+	Committee Bill No. 8
105	107
106	108
107		-	LCO 4255 4 of 7
	109	+	LCO No. 4255 4 of 8
108	110
	111	+	(4) Set a performance standard that is based solely on ranking the 73
	112	+	performance of an employee in relation to the performance of other 74
109	113		employees. 75
110	114		Sec. 4. (NEW) (Effective October 1, 2025) On and after July 1, 2026, no 76
111	115		employer shall take any adverse action against an employee for failing 77
112	116		to satisfy a quota that violates the provisions of section 3 of this act or 78
113	117		has not previously been provided to the employee pursuant to section 2 79
114	118		of this act. 80
115	119		Sec. 5. (NEW) (Effective October 1, 2025) On and after July 1, 2026, each 81
116	120		employer shall establish, maintain and preserve contemporaneous, true 82
117	121		and accurate records of (1) each individual employee's work speed data, 83
118	122		(2) the aggregated work speed data for similar employees at the same 84
119	123		warehouse distribution center, and (3) the written descriptions 85
120	124		provided to each employee pursuant to section 2 of this act. Such 86
121	125		records shall be maintained for a period of three years. Nothing in this 87
122	126		section shall require an employer to establish, maintain and preserve the 88
123	127		records required pursuant to this section if such employer does not 89
124	128		assign or require quotas or collect, store, analyze or interpret work 90
125	129		speed data. 91
126	130		Sec. 6. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 92
127	131		if an employee believes satisfying a quota caused or will cause a 93
128	132		violation of section 3 of this act, such employee may request from such 94
129	133		employee's employer: (1) A written description of each quota the 95
130	134		employee is subject to, (2) a copy of the employee's personal work speed 96
131	135		data for the prior ninety days, and (3) a copy of aggregated work speed 97
132	136		data for similar employees at the same warehouse distribution center 98
133	137		for the prior ninety days. 99
134	138		(b) On and after July 1, 2026, a former employee may request from a 100
135	139		former employer: (1) A written description of each quota the employee 101
136	140		was subject to for the ninety days prior to the employee's separation 102
137	141		from employment with such employer; (2) a copy of the employee's 103
138	142		personal work speed data for the ninety days prior to such employee's 104
139		-	separation from employment with such employer; and (3) a copy of 105
140		-	aggregated work speed data for similar employees at the same 106 Committee Bill No. 8
	143	+	Committee Bill No. 8
141	144
142	145
143		-	LCO 4255 5 of 7
	146	+	LCO No. 4255 5 of 8
144	147
	148	+	separation from employment with such employer; and (3) a copy of 105
	149	+	aggregated work speed data for similar employees at the same 106
145	150		warehouse distribution center for the ninety days prior to such 107
146	151		employee's separation from employment with such employer. A former 108
147	152		employee may only make one request under this section. 109
148	153		(c) An employer shall provide a written copy of any records 110
149	154		requested pursuant to this section not later than five calendar days after 111
150	155		receipt of such request. Such written copy shall be provided (1) in both 112
151	156		English and the primary language of the employee requesting such 113
152	157		records, and (2) for a current employee, directly to the requesting 114
153	158		employee by a manager during such employee's work hours. 115
154	159		Sec. 7. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 116
155	160		no employer shall discharge or in any way retaliate, discriminate or take 117
156	161		any adverse action against an employee or former employee for (1) 118
157	162		making a request pursuant to section 6 of this act, or (2) filing a civil 119
158	163		action pursuant to section 8 of this act. 120
159	164		(b) On and after July 1, 2026, if an employer discharges or in any way 121
160	165		retaliates, discriminates or takes any adverse action against an employee 122
161	166		or former employee within ninety days after such employee engages in 123
162	167		or attempts to engage in the activities described in subsection (a) of this 124
163	168		section, there shall be a rebuttable presumption that such adverse action 125
164	169		is in violation of this section. Such presumption may be rebutted by clear 126
165	170		and convincing evidence that (1) the adverse action was taken for other 127
166	171		permissible reasons, and (2) the employee engaging or attempting to 128
167	172		engage in the activities described in subsection (a) of this section was 129
168	173		not a motivating factor for the employer taking such adverse action. 130
169	174		Sec. 8. (NEW) (Effective October 1, 2025) (a) On and after July 1, 2026, 131
170	175		an employee aggrieved by a violation of sections 2 to 7, inclusive, of this 132
171	176		act, or the Attorney General on behalf of an employee aggrieved by a 133
172	177		violation of sections 2 to 7, inclusive, of this act, may bring a civil action 134
173	178		in the Superior Court to recover damages, civil penalties and such 135
174	179		equitable and injunctive relief as the court deems appropriate. The 136
175		-	prevailing party in such civil action may be awarded reasonable 137
176		-	attorney's fees and costs to be taxed by the court. 138 Committee Bill No. 8
	180	+	Committee Bill No. 8
177	181
178	182
179		-	LCO 4255 6 of 7
	183	+	LCO No. 4255 6 of 8
180	184
	185	+	prevailing party in such civil action may be awarded reasonable 137
	186	+	attorney's fees and costs to be taxed by the court. 138
181	187		(b) An employer who violates the provisions of sections 2 to 7, 139
182		-	inclusive, of this act may be assessed a civil penalty by the court of (1) 140
	188	+	inclusive, of this act, may be assessed a civil penalty by the court of (1) 140
183	189		one thousand dollars for a first violation, (2) two thousand dollars for a 141
184	190		second violation, or (3) three thousand dollars for a third or subsequent 142
185	191		violation. 143
186	192		Sec. 9. (NEW) (Effective October 1, 2025) On and after July 1, 2026, the 144
187	193		Workers' Compensation Commission shall monitor the injury rates of 145
188	194		employees working in warehouse distribution centers in the state. If an 146
189	195		employer is found to have an annual injury rate at or over one and one-147
190	196		half times the average annual injury rate for the relevant North 148
191	197		American Industry Classification System codes, based on data reported 149
192	198		to the federal Occupational and Safety and Health Administration, the 150
193	199		Workers' Compensation Commission shall notify the Labor 151
194	200		Commissioner and the commissioner shall determine whether an 152
195	201		investigation concerning potential violations of sections 2 to 7, inclusive, 153
196	202		of this act is appropriate. 154
197	203		Sec. 10. Subdivision (3) of subsection (a) of section 31-236 of the 155
198	204		general statutes is repealed and the following is substituted in lieu 156
199	205		thereof (Effective October 1, 2025): 157
200	206		(3) During any week in which the administrator finds that the 158
201	207		individual's total or partial unemployment is due to the existence of a 159
202	208		labor dispute other than a lockout at the factory, establishment or other 160
203	209		premises at which the individual is or has been employed, [provided] 161
204	210		except that the provisions of this subsection do not apply if it is shown 162
205	211		to the satisfaction of the administrator that: (A) For a labor dispute that 163
206	212		begins on or after December 14, 2026, such labor dispute has been 164
207	213		continuous for fourteen days since the commencement of such labor 165
208	214		dispute; (B) (i) the individual is not participating in or financing or 166
209	215		directly interested in the labor dispute that caused the unemployment, 167
210	216		and [(B)] (ii) the individual does not belong to a trade, class or 168
	217	+	Committee Bill No. 8
	218	+
	219	+
	220	+	LCO No. 4255 7 of 8
	221	+
211	222		organization of workers, members of which, immediately before the 169
212	223		commencement of the labor dispute, were employed at the premises at 170
213		-	which the labor dispute occurred, and are participating in or financing 171 Committee Bill No. 8
214		-
215		-
216		-	LCO 4255 7 of 7
217		-
	224	+	which the labor dispute occurred, and are participating in or financing 171
218	225		or directly interested in the dispute; or (C) the individual's 172
219	226		unemployment is due to the existence of a lockout. A lockout exists 173
220	227		whether or not such action is to obtain for the employer more 174
221	228		advantageous terms when an employer (i) fails to provide employment 175
222	229		to its employees with whom the employer is engaged in a labor dispute, 176
223	230		either by physically closing its plant or informing its employees that 177
224	231		there will be no work until the labor dispute has terminated, or (ii) 178
225	232		makes an announcement that work will be available after the expiration 179
226	233		of the existing contract only under terms and conditions that are less 180
227	234		favorable to the employees than those current immediately prior to such 181
228	235		announcement; provided in either event the recognized or certified 182
229	236		bargaining agent shall have advised the employer that the employees 183
230	237		with whom the employer is engaged in the labor dispute are ready, able 184
231	238		and willing to continue working pending the negotiation of a new 185
232	239		contract under the terms and conditions current immediately prior to 186
233	240		such announcement; 187
234	241		This act shall take effect as follows and shall amend the following
235	242		sections:
236	243
237	244		Section 1 October 1, 2025 New section
238	245		Sec. 2 October 1, 2025 New section
239	246		Sec. 3 October 1, 2025 New section
240	247		Sec. 4 October 1, 2025 New section
241	248		Sec. 5 October 1, 2025 New section
242	249		Sec. 6 October 1, 2025 New section
243	250		Sec. 7 October 1, 2025 New section
244	251		Sec. 8 October 1, 2025 New section
245	252		Sec. 9 October 1, 2025 New section
246	253		Sec. 10 October 1, 2025 31-236(a)(3)
247	254
248		-	LAB Joint Favorable
	255	+	Statement of Purpose:
	256	+	To protect workers' rights.
	257	+	Committee Bill No. 8
	258	+
	259	+
	260	+	LCO No. 4255 8 of 8
	261	+
	262	+
	263	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	264	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	265	+	underlined.]
	266	+
	267	+	Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist.
	268	+	SEN. ANWAR, 3rd Dist.; SEN. CABRERA, 17th Dist.
	269	+	SEN. FLEXER, 29th Dist.; SEN. GADKAR-WILCOX, 22nd Dist.
	270	+	SEN. GASTON, 23rd Dist.; SEN. HOCHADEL, 13th Dist.
	271	+	SEN. HONIG, 8th Dist.; SEN. KUSHNER, 24th Dist.
	272	+	SEN. LESSER, 9th Dist.; SEN. LOPES, 6th Dist.
	273	+	SEN. MAHER, 26th Dist.; SEN. MARX, 20th Dist.
	274	+	SEN. MCCRORY, 2nd Dist.; SEN. MILLER P., 27th Dist.
	275	+	SEN. RAHMAN, 4th Dist.; SEN. SLAP, 5th Dist.
	276	+	SEN. WINFIELD, 10th Dist.; REP. SWEET, 91st Dist.
	277	+	REP. MARTINEZ, 22nd Dist.; REP. GAUTHIER, 38th Dist.
	278	+	REP. PARIS, 145th Dist.; REP. FORTIER, 79th Dist.
	279	+	REP. MENAPACE, 37th Dist.; REP. SHANNON, 117th Dist.
	280	+	REP. ELLIOTT, 88th Dist.; REP. HUGHES, 135th Dist.
	281	+	REP. HALL J., 7th Dist.; REP. HEFFERNAN, 115th Dist.
	282	+	REP. LUXENBERG, 12th Dist.
	283	+
	284	+	S.B. 8
	285	+
249	286