IL
Illinois House Bill HB2547

Illinois 2023-2024 Regular Session

Illinois House Bill HB2547 Compare Versions

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33 1 AN ACT concerning regulation.
44 2 Be it enacted by the People of the State of Illinois,
55 3 represented in the General Assembly:
66 4 Section 1. Short title. This Act may be cited as the
77 5 Warehouse Worker Protection Act.
88 6 Section 5. Definitions. As used in this Act:
9-7 "Adverse employment action" means an action that a
10-8 reasonable employee would find materially adverse.
11-9 "Aggregated work speed data" means a compilation of
12-10 employee work speed data for multiple employees, in summary
13-11 form, assembled in full or in another form such that the data
14-12 cannot be identified with any individual.
15-13 "Controlled group of corporations" has the meaning given
16-14 to that term under Section 1563 of the Internal Revenue Code,
17-15 26 U.S.C. 1563, except that "fifty percent" shall be
18-16 substituted for "eighty percent" where "eighty percent" is
19-17 specified in that definition.
20-18 "Defined time period" means any unit of time measurement
21-19 equal to or less than the duration of an employee's shift,
22-20 including hours, minutes, seconds, and any fraction thereof.
23-21 "Director" means the Director of Labor.
24-22 "Employee" means a nonadministrative employee who is not
25-23 exempt from the overtime and minimum wage requirements of the
9+7 "Aggregated work speed data" means a compilation of
10+8 employee work speed data for multiple employees, in summary
11+9 form, assembled in full or in another form such that the data
12+10 cannot be identified with any individual.
13+11 "Controlled group of corporations" has the meaning given
14+12 to that term under Section 1563 of the Internal Revenue Code,
15+13 26 U.S.C. 1563, except that 50% shall be substituted for 80%
16+14 where 80% is specified in that definition.
17+15 "Defined time period" means any unit of time measurement
18+16 equal to or less than the duration of an employee's shift,
19+17 including hours, minutes, seconds, and any fraction thereof.
20+18 "Designated employee representative" means any employee
21+19 representative, including, but not limited to, an authorized
22+20 employee representative who has a collective bargaining
23+21 relationship with the employer.
24+22 "Director" means the Director of Labor.
25+23 "Employee" means a nonadministrative employee who is not
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34-1 federal Fair Labor Standards Act of 1938, as amended, who
35-2 works at a warehouse distribution center, and who is subject
36-3 to a quota as defined in this Section. "Employee" does not
37-4 include a driver or courier to or from a warehouse
38-5 distribution center.
39-6 "Employee work speed data" means information an employer
40-7 collects, stores, analyzes, or interprets relating to an
41-8 individual employee's performance of a quota, including, but
42-9 not limited to, quantities of tasks performed, quantities of
43-10 items or materials handled or produced, rates or speeds of
44-11 tasks performed, measurements or metrics of employee
45-12 performance in relation to a quota, and time categorized as
46-13 performing tasks or not performing tasks. "Employee work speed
47-14 data" does not include itemized wage statements or data that
48-15 does not relate to the performance of a quota, except for any
49-16 content of those records that includes employee work speed
50-17 data.
51-18 "Employer" means a person who directly or indirectly, or
52-19 through an agent or any other person, including through the
53-20 services of a third-party employer, temporary services or
54-21 staffing agency, independent contractor, or any similar
55-22 entity, employs or exercises control over the wages, hours, or
56-23 working conditions of 250 or more employees at a single
57-24 warehouse distribution center in the State or 1,000 or more
58-25 employees at one or more warehouse distribution centers in the
59-26 State. For the purposes of this definition, all employees of a
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34+1 exempt from the overtime and minimum wage requirements of the
35+2 federal Fair Labor Standards Act of 1938, as amended, and who
36+3 works at a warehouse distribution center and is subject to a
37+4 quota as defined in this Section. "Employee" does not include
38+5 a driver or courier to or from a warehouse distribution
39+6 center.
40+7 "Employee work speed data" means information an employer
41+8 collects, stores, analyzes, or interprets relating to an
42+9 individual employee's performance of a quota, including, but
43+10 not limited to, quantities of tasks performed, quantities of
44+11 items or materials handled or produced, rates or speeds of
45+12 tasks performed, measurements or metrics of employee
46+13 performance in relation to a quota, and time categorized as
47+14 performing tasks or not performing tasks. "Employee work speed
48+15 data" does not include itemized wage statements or data that
49+16 does not relate to the performance of a quota, except for any
50+17 content of those records that includes employee work speed
51+18 data.
52+19 "Employer" means a person who directly or indirectly, or
53+20 through an agent or any other person, including through the
54+21 services of a third-party employer, temporary services or
55+22 staffing agency, independent contractor, or any similar
56+23 entity, employs or exercises control over the wages, hours, or
57+24 working conditions of 100 or more employees at a single
58+25 warehouse distribution center in the State or 1,000 or more
59+26 employees at one or more warehouse distribution centers in the
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70-1 controlled group of corporations shall be counted in
71-2 determining the number of employees employed at a single
72-3 warehouse distribution center or at one or more warehouse
73-4 distribution centers in the State.
74-5 "Person" means an individual, corporation, partnership,
75-6 limited partnership, limited liability partnership, limited
76-7 liability company, business trust, estate, trust, association,
77-8 joint venture, agency, instrumentality, or any other legal or
78-9 commercial entity, whether domestic or foreign.
79-10 "Quota" means a work performance standard under which an
80-11 employee is assigned or required to perform at a specified
81-12 productivity speed or a quantified number of tasks or to
82-13 handle or produce a quantified amount of material within a
83-14 defined time period and under which the employee may suffer an
84-15 adverse employment action if the employee fails to complete or
85-16 meet the performance standard.
86-17 "Warehouse distribution center" means an establishment as
87-18 defined by any of the following North American Industry
88-19 Classification System (NAICS) codes, however such
89-20 establishment is denominated:
90-21 (1) 493 for Warehousing and Storage, but does not
91-22 include 493130 for Farm Product Warehousing and Storage;
92-23 (2) 423 for Merchant Wholesalers, Durable Goods;
93-24 (3) 424 for Merchant Wholesalers, Nondurable Goods,
94-25 but does not include 424510 for Grain and Field Bean
95-26 Merchant Wholesalers, 424520 for Livestock Merchant
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70+1 State. For the purposes of this definition, all employees of a
71+2 controlled group of corporations shall be counted in
72+3 determining the number of employees employed at a single
73+4 warehouse distribution center or at one or more warehouse
74+5 distribution centers in the State.
75+6 "Person" means an individual, corporation, partnership,
76+7 limited partnership, limited liability partnership, limited
77+8 liability company, business trust, estate, trust, association,
78+9 joint venture, agency, instrumentality, or any other legal or
79+10 commercial entity, whether domestic or foreign.
80+11 "Quota" means a work performance standard under which:
81+12 (1) an employee is assigned or required to perform at
82+13 a specified productivity speed or a quantified number of
83+14 tasks or to handle or produce a quantified amount of
84+15 material within a defined time period and under which the
85+16 employee may suffer an adverse employment action if the
86+17 employee fails to complete or meet the performance
87+18 standard; or
88+19 (2) categorizes and measures an employee's actions
89+20 between time performing tasks and not performing tasks,
90+21 and the employee's failure to complete or meet a task
91+22 performance standard may lead to an adverse employment
92+23 action.
93+24 "Warehouse distribution center" means an establishment as
94+25 defined by any of the following North American Industry
95+26 Classification System (NAICS) codes, however such
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106-1 Wholesalers, and 424590 for Other Farm Product Raw
107-2 Material Wholesalers; or
108-3 (4) 454110 for Electronic Shopping and Mail-Order
109-4 Houses.
110-5 Section 10. Disclosure of quotas. Each employer shall
111-6 provide to each employee, upon hire or within 30 days after the
112-7 effective date of this Act, whichever is later, a written
113-8 description of each quota to which the employee is subject,
114-9 including the quantified number of tasks to be performed or
115-10 materials to be produced or handled within the defined time
116-11 period, and any potential adverse employment action that could
117-12 result from failure to meet the quota. Each time the quota
118-13 changes thereafter, the employer shall provide an updated
119-14 written description of each quota to which the employee is
120-15 subject within 5 business days of the quota change. If an
121-16 employer takes an adverse employment action against an
122-17 employee based on a quota, the employee has a right to request,
123-18 and the employer shall provide, a written explanation
124-19 regarding the manner in which the employee failed to perform,
125-20 including the applicable quota and comparison of the
126-21 employee's work performance in relation to that quota. If an
127-22 employee requests a written description of the quotas to which
128-23 the employee was subject and a copy of the employee's own
129-24 personal work speed data pursuant to this Section, the
130-25 employer shall comply with this request as soon as
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106+1 establishment is denominated:
107+2 (1) 493 for Warehousing and Storage, but does not
108+3 include 493130 for Farm Product Warehousing and Storage;
109+4 (2) 423 for Merchant Wholesalers, Durable Goods;
110+5 (3) 424 for Merchant Wholesalers, Nondurable Goods,
111+6 but does not include 424510 for Grain and Field Bean
112+7 Merchant Wholesalers, 424520 for Livestock Merchant
113+8 Wholesalers, and 424590 for Other Farm Product Raw
114+9 Material Wholesalers;
115+10 (4) 454110 for Electronic Shopping and Mail-Order
116+11 Houses; or
117+12 (5) 492110 for Couriers and Express Delivery Services.
118+13 Section 10. Disclosure of quotas. Each employer shall
119+14 provide to each employee, upon hire or within 30 days after the
120+15 effective date of this Act, whichever is later, a written
121+16 description of each quota to which the employee is subject,
122+17 including the quantified number of tasks to be performed or
123+18 materials to be produced or handled within the defined time
124+19 period, and any potential adverse employment action that could
125+20 result from failure to meet the quota. Each time the quota
126+21 changes thereafter, the employer shall provide an updated
127+22 written description of each quota to which the employee is
128+23 subject within 2 business days of the quota change. If an
129+24 employer takes an adverse employment action against an
130+25 employee based on a quota, the employee has a right to request,
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141-1 practicable, but no later than 7 calendar days after the date
142-2 of the request.
143-3 Section 15. Protection from quotas. An employee shall not
144-4 be required to meet a quota that prevents compliance with meal
145-5 or rest periods or use of bathroom facilities, including
146-6 reasonable travel time to and from bathroom facilities. An
147-7 employer shall not take adverse employment action against an
148-8 employee for failure to meet a quota that does not allow a
149-9 worker to comply with meal and rest periods or for failure to
150-10 meet a quota that has not been disclosed to the employee
151-11 pursuant to Section 10.
152-12 Section 20. Time on task. Consistent with existing law,
153-13 paid and unpaid breaks shall not be considered productive time
154-14 for the purpose of any quota or monitoring system unless the
155-15 employee is required to remain on call.
156-16 Section 25. Recordkeeping. Each employer shall establish,
157-17 maintain, and preserve for 3 years contemporaneous, true, and
158-18 accurate records to ensure compliance with employee and
159-19 Director requests for data. Nothing in this Section shall
160-20 require an employer to keep such records if such employer does
161-21 not use quotas or monitor work speed data as a performance
162-22 standard that leads to an adverse employment action. An
163-23 employer is not obligated to produce data that does not
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141+1 and the employer shall provide, a written explanation
142+2 regarding the manner in which the employee failed to perform,
143+3 including the applicable quota and comparison of the
144+4 employee's work performance in relation to that quota. If an
145+5 employee requests a written description of the quotas to which
146+6 the employee was subject and a copy of the employee's own
147+7 personal work speed data pursuant to this Section, the
148+8 employer shall comply with this request as soon as
149+9 practicable, but no later than 3 calendar days after the date
150+10 of the request.
151+11 Section 15. Protection from quotas. An employee shall not
152+12 be required to meet a quota that prevents compliance with meal
153+13 or rest periods or use of bathroom facilities, including
154+14 reasonable travel time to and from bathroom facilities. An
155+15 employer shall not take adverse employment action against an
156+16 employee for failure to meet a quota that does not allow a
157+17 worker to comply with meal and rest periods or for failure to
158+18 meet a quota that has not been disclosed to the employee
159+19 pursuant to Section 10.
160+20 Section 20. Time on task. Consistent with existing law,
161+21 paid and unpaid breaks shall not be considered productive time
162+22 for the purpose of any quota or monitoring system unless the
163+23 employee is required to remain on call.
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174-1 constitute employee work speed data.
175-2 Section 30. Employee's right to request records.
176-3 (a) A current employee has the right to request a written
177-4 description of each quota to which the employee is subject. If
178-5 a current or former employee believes that the current or
179-6 former employee has received an adverse employment action as
180-7 the result of failing to meet a quota, or that meeting a quota
181-8 caused a violation of the employee's right to a meal or rest
182-9 period or use of bathroom facilities, the current or former
183-10 employee has the right to request, and the employer shall
184-11 provide, a written description of each quota to which the
185-12 employee is subject, a copy of the most recent 90 days of the
186-13 employee's own personal work speed data, and a copy of the
187-14 aggregated work speed data for similar employees at the same
188-15 establishment for the same time period.
189-16 (b) Requested records under this Section shall be provided
190-17 at no cost to the current or former employee.
191-18 (c) Nothing in this Section shall require an employer to
192-19 use quotas or monitor work speed data. An employer that does
193-20 not monitor this data has no obligation to provide it.
194-21 (d) The rights afforded under this Section are independent
195-22 of any other right afforded to an employee or former employee
196-23 under any State or federal law, including, but not limited to,
197-24 the Personnel Records Review Act, to access documents
198-25 maintained by an employer.
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174+1 Section 25. Recordkeeping. Each employer shall establish,
175+2 maintain, and preserve for 3 years contemporaneous, true, and
176+3 accurate records to ensure compliance with employee and
177+4 Director requests for data. Nothing in this Section shall
178+5 require an employer to keep such records if such employer does
179+6 not use quotas or monitor work speed data as a performance
180+7 standard that leads to an adverse employment action. An
181+8 employer is not obligated to produce data that does not
182+9 constitute employee work speed data.
183+10 Section 30. Employee's right to request records.
184+11 (a) A current employee has the right to request a written
185+12 description of each quota to which the employee is subject. If
186+13 a current or former employee believes that the current or
187+14 former employee has received an adverse employment action as
188+15 the result of failing to meet a quota, or that meeting a quota
189+16 caused a violation of the employee's right to a meal or rest
190+17 period or use of bathroom facilities, the current or former
191+18 employee has the right to request, and the employer shall
192+19 provide, a written description of each quota to which the
193+20 employee is subject, a copy of the most recent 90 days of the
194+21 employee's own personal work speed data, and a copy of the
195+22 aggregated work speed data for similar employees at the same
196+23 establishment for the same time period.
197+24 (b) Requested records under this Section shall be provided
198+25 at no cost to the current or former employee.
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209-1 Section 35. Unlawful retaliation. For purposes of this
210-2 Act, there shall be a rebuttable presumption of unlawful
211-3 retaliation if an employer takes any adverse employment action
212-4 against an employee within 90 days of the employee doing
213-5 either of the following:
214-6 (1) initiating the employee's first request in a
215-7 calendar year for information about a quota or personal
216-8 work speed data pursuant to Section 30 of this Act; or
217-9 (2) making a complaint related to a quota alleging any
218-10 violation of Sections 10, 15, or 20 of this Act,
219-11 inclusive, to the Director, the Department, or the
220-12 employer.
221-13 Section 40. Notice to employees. Every employer covered by
222-14 this Act shall post and keep posted, in conspicuous places on
223-15 the premises of the employer where notices to employees are
224-16 customarily posted, a notice, to be prepared or approved by
225-17 the Director of Labor, regarding employees' rights under this
226-18 Act, including what constitutes a permissible quota and
227-19 employees' right to request quota and work speed data
228-20 information, and making a complaint to various State
229-21 authorities regarding a violation of an employee's quota
230-22 rights under this Act.
231-23 Section 45. Enforcement. The Department of Labor shall
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209+1 (c) Nothing in this Section shall require an employer to
210+2 use quotas or monitor work speed data. An employer that does
211+3 not monitor this data has no obligation to provide it.
212+4 (d) The rights afforded under this Section are independent
213+5 of any other right afforded to an employee or former employee
214+6 under any State or federal law, including, but not limited to,
215+7 the Personnel Records Review Act, to access documents
216+8 maintained by an employer.
217+9 Section 35. Unlawful retaliation. For purposes of this
218+10 Act, there shall be a rebuttable presumption of unlawful
219+11 retaliation if an employer takes any adverse employment action
220+12 against an employee within 90 days of the employee doing
221+13 either of the following:
222+14 (1) Initiating the employee's first request in a
223+15 calendar year for information about a quota or personal
224+16 work speed data pursuant to Section 30 of this Act.
225+17 (2) Making a complaint related to a quota alleging any
226+18 violation of Sections 10, 15, or 20 of this Act,
227+19 inclusive, to the Director, the Department, or the
228+20 employer.
229+21 Section 40. Notice to employees. Every employer covered by
230+22 this Act shall post and keep posted, in conspicuous places on
231+23 the premises of the employer where notices to employees are
232+24 customarily posted, a notice, to be prepared or approved by
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242-1 adopt rules to implement and enforce this Act. The Director
243-2 shall be authorized to enforce this Act and to assess damages
244-3 payable to the employee and civil penalties.
245-4 Section 50. Workplace inspections. If a particular work
246-5 site or employer that uses quotas as a performance standard to
247-6 determine adverse employment actions and is subject to this
248-7 Act is found to have an annual employee injury rate of at least
249-8 1.5 times as high as the warehousing industry's average annual
250-9 injury rate as published by the Bureau of Labor Statistics'
251-10 most recent fatal and non-fatal occupational injuries and
252-11 illnesses data, the Director shall determine whether an
253-12 investigation of violations pursuant to this Act, if relevant
254-13 to the Director's authority, is appropriate.
255-14 Section 55. Private right of action. A current or former
256-15 employee may bring an action for injunctive relief to obtain
257-16 compliance with Sections 10, 15, 20, and 30 and may, upon
258-17 prevailing in the action, recover costs and reasonable
259-18 attorney's fees in such action. In any action involving a
260-19 quota that prevented the compliance with applicable
261-20 regulations on workplace safety and health or meal or rest
262-21 break requirements, the injunctive relief shall be limited to
263-22 suspension of the quota and any adverse action that resulted
264-23 from its enforcement by the employer.
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243+1 the Director of Labor, regarding employees' rights under this
244+2 Act, including what constitutes a permissible quota and
245+3 employees' right to request quota and work speed data
246+4 information, and making a complaint to various State
247+5 authorities regarding a violation of an employee's quota
248+6 rights under this Act.
249+7 Section 45. Enforcement. The Department of Labor shall
250+8 adopt rules to implement and enforce this Act. The Director
251+9 shall be authorized to enforce this Act and to assess damages
252+10 payable to the employee and civil penalties.
253+11 Section 50. Workplace inspections. If a particular work
254+12 site or employer that uses quotas as a performance standard to
255+13 determine adverse employment actions and is subject to this
256+14 Act is found to have an annual employee injury rate of at least
257+15 1.5 times as high as the warehousing industry's average annual
258+16 injury rate as published by the Bureau of Labor Statistics'
259+17 most recent fatal and non-fatal occupational injuries and
260+18 illnesses data, the Director shall determine whether an
261+19 investigation of violations pursuant to this Act, if relevant
262+20 to the Director's authority, is appropriate.
263+21 Section 55. Private right of action. A current or former
264+22 employee or his or her designated employee representative may
265+23 bring an action for injunctive relief to obtain compliance
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275-1 Section 60. Attorney General; powers. The Attorney
276-2 General, pursuant to the authority under Section 6.3 of the
277-3 Attorney General Act, may initiate or intervene in a civil
278-4 action in the name of the People of the State in any circuit
279-5 court to obtain all appropriate relief for violations
280-6 established under this Act.
281-7 Section 97. Severability. The provisions of this Act are
282-8 severable under Section 1.31 of the Statute on Statutes.
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276+1 with Sections 10, 15, 20, and 30 and may, upon prevailing in
277+2 the action, recover costs and reasonable attorney's fees in
278+3 such action. In any action involving a quota that prevented
279+4 the compliance with applicable regulations on workplace safety
280+5 and health or meal or rest break requirements, the injunctive
281+6 relief shall be limited to suspension of the quota and any
282+7 adverse action that resulted from its enforcement by the
283+8 employer.
284+9 Section 60. Attorney General; powers. The Attorney
285+10 General, pursuant to the authority under Section 6.3 of the
286+11 Attorney General Act, may initiate or intervene in a civil
287+12 action in the name of the People of the State in any circuit
288+13 court to obtain all appropriate relief for violations
289+14 established under this Act.
290+15 Section 97. Severability. The provisions of this Act are
291+16 severable under Section 1.31 of the Statute on Statutes.
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