HB2547 EnrolledLRB103 30799 RPS 57292 b HB2547 Enrolled LRB103 30799 RPS 57292 b
HB2547 Enrolled LRB103 30799 RPS 57292 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Warehouse Worker Protection Act.
6 Section 5. Definitions. As used in this Act:
7 "Adverse employment action" means an action that a
8 reasonable employee would find materially adverse.
9 "Aggregated work speed data" means a compilation of
10 employee work speed data for multiple employees, in summary
11 form, assembled in full or in another form such that the data
12 cannot be identified with any individual.
13 "Controlled group of corporations" has the meaning given
14 to that term under Section 1563 of the Internal Revenue Code,
15 26 U.S.C. 1563, except that "fifty percent" shall be
16 substituted for "eighty percent" where "eighty percent" is
17 specified in that definition.
18 "Defined time period" means any unit of time measurement
19 equal to or less than the duration of an employee's shift,
20 including hours, minutes, seconds, and any fraction thereof.
21 "Director" means the Director of Labor.
22 "Employee" means a nonadministrative employee who is not
23 exempt from the overtime and minimum wage requirements of the
HB2547 Enrolled LRB103 30799 RPS 57292 b
HB2547 Enrolled- 2 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 2 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 2 - LRB103 30799 RPS 57292 b
1 federal Fair Labor Standards Act of 1938, as amended, who
2 works at a warehouse distribution center, and who is subject
3 to a quota as defined in this Section. "Employee" does not
4 include a driver or courier to or from a warehouse
5 distribution center.
6 "Employee work speed data" means information an employer
7 collects, stores, analyzes, or interprets relating to an
8 individual employee's performance of a quota, including, but
9 not limited to, quantities of tasks performed, quantities of
10 items or materials handled or produced, rates or speeds of
11 tasks performed, measurements or metrics of employee
12 performance in relation to a quota, and time categorized as
13 performing tasks or not performing tasks. "Employee work speed
14 data" does not include itemized wage statements or data that
15 does not relate to the performance of a quota, except for any
16 content of those records that includes employee work speed
17 data.
18 "Employer" means a person who directly or indirectly, or
19 through an agent or any other person, including through the
20 services of a third-party employer, temporary services or
21 staffing agency, independent contractor, or any similar
22 entity, employs or exercises control over the wages, hours, or
23 working conditions of 250 or more employees at a single
24 warehouse distribution center in the State or 1,000 or more
25 employees at one or more warehouse distribution centers in the
26 State. For the purposes of this definition, all employees of a
HB2547 Enrolled - 2 - LRB103 30799 RPS 57292 b
HB2547 Enrolled- 3 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 3 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 3 - LRB103 30799 RPS 57292 b
1 controlled group of corporations shall be counted in
2 determining the number of employees employed at a single
3 warehouse distribution center or at one or more warehouse
4 distribution centers in the State.
5 "Person" means an individual, corporation, partnership,
6 limited partnership, limited liability partnership, limited
7 liability company, business trust, estate, trust, association,
8 joint venture, agency, instrumentality, or any other legal or
9 commercial entity, whether domestic or foreign.
10 "Quota" means a work performance standard under which an
11 employee is assigned or required to perform at a specified
12 productivity speed or a quantified number of tasks or to
13 handle or produce a quantified amount of material within a
14 defined time period and under which the employee may suffer an
15 adverse employment action if the employee fails to complete or
16 meet the performance standard.
17 "Warehouse distribution center" means an establishment as
18 defined by any of the following North American Industry
19 Classification System (NAICS) codes, however such
20 establishment is denominated:
21 (1) 493 for Warehousing and Storage, but does not
22 include 493130 for Farm Product Warehousing and Storage;
23 (2) 423 for Merchant Wholesalers, Durable Goods;
24 (3) 424 for Merchant Wholesalers, Nondurable Goods,
25 but does not include 424510 for Grain and Field Bean
26 Merchant Wholesalers, 424520 for Livestock Merchant
HB2547 Enrolled - 3 - LRB103 30799 RPS 57292 b
HB2547 Enrolled- 4 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 4 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 4 - LRB103 30799 RPS 57292 b
1 Wholesalers, and 424590 for Other Farm Product Raw
2 Material Wholesalers; or
3 (4) 454110 for Electronic Shopping and Mail-Order
4 Houses.
5 Section 10. Disclosure of quotas. Each employer shall
6 provide to each employee, upon hire or within 30 days after the
7 effective date of this Act, whichever is later, a written
8 description of each quota to which the employee is subject,
9 including the quantified number of tasks to be performed or
10 materials to be produced or handled within the defined time
11 period, and any potential adverse employment action that could
12 result from failure to meet the quota. Each time the quota
13 changes thereafter, the employer shall provide an updated
14 written description of each quota to which the employee is
15 subject within 5 business days of the quota change. If an
16 employer takes an adverse employment action against an
17 employee based on a quota, the employee has a right to request,
18 and the employer shall provide, a written explanation
19 regarding the manner in which the employee failed to perform,
20 including the applicable quota and comparison of the
21 employee's work performance in relation to that quota. If an
22 employee requests a written description of the quotas to which
23 the employee was subject and a copy of the employee's own
24 personal work speed data pursuant to this Section, the
25 employer shall comply with this request as soon as
HB2547 Enrolled - 4 - LRB103 30799 RPS 57292 b
HB2547 Enrolled- 5 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 5 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 5 - LRB103 30799 RPS 57292 b
1 practicable, but no later than 7 calendar days after the date
2 of the request.
3 Section 15. Protection from quotas. An employee shall not
4 be required to meet a quota that prevents compliance with meal
5 or rest periods or use of bathroom facilities, including
6 reasonable travel time to and from bathroom facilities. An
7 employer shall not take adverse employment action against an
8 employee for failure to meet a quota that does not allow a
9 worker to comply with meal and rest periods or for failure to
10 meet a quota that has not been disclosed to the employee
11 pursuant to Section 10.
12 Section 20. Time on task. Consistent with existing law,
13 paid and unpaid breaks shall not be considered productive time
14 for the purpose of any quota or monitoring system unless the
15 employee is required to remain on call.
16 Section 25. Recordkeeping. Each employer shall establish,
17 maintain, and preserve for 3 years contemporaneous, true, and
18 accurate records to ensure compliance with employee and
19 Director requests for data. Nothing in this Section shall
20 require an employer to keep such records if such employer does
21 not use quotas or monitor work speed data as a performance
22 standard that leads to an adverse employment action. An
23 employer is not obligated to produce data that does not
HB2547 Enrolled - 5 - LRB103 30799 RPS 57292 b
HB2547 Enrolled- 6 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 6 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 6 - LRB103 30799 RPS 57292 b
1 constitute employee work speed data.
2 Section 30. Employee's right to request records.
3 (a) A current employee has the right to request a written
4 description of each quota to which the employee is subject. If
5 a current or former employee believes that the current or
6 former employee has received an adverse employment action as
7 the result of failing to meet a quota, or that meeting a quota
8 caused a violation of the employee's right to a meal or rest
9 period or use of bathroom facilities, the current or former
10 employee has the right to request, and the employer shall
11 provide, a written description of each quota to which the
12 employee is subject, a copy of the most recent 90 days of the
13 employee's own personal work speed data, and a copy of the
14 aggregated work speed data for similar employees at the same
15 establishment for the same time period.
16 (b) Requested records under this Section shall be provided
17 at no cost to the current or former employee.
18 (c) Nothing in this Section shall require an employer to
19 use quotas or monitor work speed data. An employer that does
20 not monitor this data has no obligation to provide it.
21 (d) The rights afforded under this Section are independent
22 of any other right afforded to an employee or former employee
23 under any State or federal law, including, but not limited to,
24 the Personnel Records Review Act, to access documents
25 maintained by an employer.
HB2547 Enrolled - 6 - LRB103 30799 RPS 57292 b
HB2547 Enrolled- 7 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 7 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 7 - LRB103 30799 RPS 57292 b
1 Section 35. Unlawful retaliation. For purposes of this
2 Act, there shall be a rebuttable presumption of unlawful
3 retaliation if an employer takes any adverse employment action
4 against an employee within 90 days of the employee doing
5 either of the following:
6 (1) initiating the employee's first request in a
7 calendar year for information about a quota or personal
8 work speed data pursuant to Section 30 of this Act; or
9 (2) making a complaint related to a quota alleging any
10 violation of Sections 10, 15, or 20 of this Act,
11 inclusive, to the Director, the Department, or the
12 employer.
13 Section 40. Notice to employees. Every employer covered by
14 this Act shall post and keep posted, in conspicuous places on
15 the premises of the employer where notices to employees are
16 customarily posted, a notice, to be prepared or approved by
17 the Director of Labor, regarding employees' rights under this
18 Act, including what constitutes a permissible quota and
19 employees' right to request quota and work speed data
20 information, and making a complaint to various State
21 authorities regarding a violation of an employee's quota
22 rights under this Act.
23 Section 45. Enforcement. The Department of Labor shall
HB2547 Enrolled - 7 - LRB103 30799 RPS 57292 b
HB2547 Enrolled- 8 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 8 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 8 - LRB103 30799 RPS 57292 b
1 adopt rules to implement and enforce this Act. The Director
2 shall be authorized to enforce this Act and to assess damages
3 payable to the employee and civil penalties.
4 Section 50. Workplace inspections. If a particular work
5 site or employer that uses quotas as a performance standard to
6 determine adverse employment actions and is subject to this
7 Act is found to have an annual employee injury rate of at least
8 1.5 times as high as the warehousing industry's average annual
9 injury rate as published by the Bureau of Labor Statistics'
10 most recent fatal and non-fatal occupational injuries and
11 illnesses data, the Director shall determine whether an
12 investigation of violations pursuant to this Act, if relevant
13 to the Director's authority, is appropriate.
14 Section 55. Private right of action. A current or former
15 employee may bring an action for injunctive relief to obtain
16 compliance with Sections 10, 15, 20, and 30 and may, upon
17 prevailing in the action, recover costs and reasonable
18 attorney's fees in such action. In any action involving a
19 quota that prevented the compliance with applicable
20 regulations on workplace safety and health or meal or rest
21 break requirements, the injunctive relief shall be limited to
22 suspension of the quota and any adverse action that resulted
23 from its enforcement by the employer.
HB2547 Enrolled - 8 - LRB103 30799 RPS 57292 b
HB2547 Enrolled- 9 -LRB103 30799 RPS 57292 b HB2547 Enrolled - 9 - LRB103 30799 RPS 57292 b
HB2547 Enrolled - 9 - LRB103 30799 RPS 57292 b
1 Section 60. Attorney General; powers. The Attorney
2 General, pursuant to the authority under Section 6.3 of the
3 Attorney General Act, may initiate or intervene in a civil
4 action in the name of the People of the State in any circuit
5 court to obtain all appropriate relief for violations
6 established under this Act.
7 Section 97. Severability. The provisions of this Act are
8 severable under Section 1.31 of the Statute on Statutes.
HB2547 Enrolled - 9 - LRB103 30799 RPS 57292 b