Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1908 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1908 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: New Act Creates the Warehouse Worker Protection Act. Provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action. Sets forth provisions concerning definitions, employee's right to request records, enforcement, and severability. Effective 60 days after becoming law. LRB103 27143 RPS 53512 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1908 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: New Act New Act Creates the Warehouse Worker Protection Act. Provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action. Sets forth provisions concerning definitions, employee's right to request records, enforcement, and severability. Effective 60 days after becoming law. LRB103 27143 RPS 53512 b LRB103 27143 RPS 53512 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1908 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Warehouse Worker Protection Act. Provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action. Sets forth provisions concerning definitions, employee's right to request records, enforcement, and severability. Effective 60 days after becoming law.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Warehouse Worker Protection Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Aggregated data" means information that an employer has
18	18	8 combined or collected together in summary or other form such
19	19	9 that the data cannot be identified with any individual.
20	20	10 "Controlled group of corporations" has the same meaning as
21	21	11 provided under Section 1563 of the Internal Revenue Code, 26
22	22	12 U.S.C. 1563, except that 50% shall be substituted for 80%
23	23	13 where 80% is specified in that definition.
24	24	14 "Defined time period" means any unit of time measurement
25	25	15 equal to or less than the duration of an employee's shift and
26	26	16 includes hours, minutes, and seconds and any fraction thereof.
27	27	17 "Designated employee representative" means any employee
28	28	18 representative, including, but not limited to, an authorized
29	29	19 employee representative that has a collective bargaining
30	30	20 relationship with the employer.
31	31	21 "Director" means the Director of Labor.
32	32	22 "Employee" means a nonadministrative employee who is not
33	33	23 exempt from the overtime and minimum wage requirements of the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1908 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Warehouse Worker Protection Act. Provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action. Sets forth provisions concerning definitions, employee's right to request records, enforcement, and severability. Effective 60 days after becoming law.
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68	68	1 federal Fair Labor Standards Act of 1938, as amended, and who
69	69	2 works at a warehouse distribution center and is subject to a
70	70	3 quota.
71	71	4 "Employee work speed data" means information an employer
72	72	5 collects, stores, analyzes, or interprets relating to an
73	73	6 individual employee's performance of a quota, including, but
74	74	7 not limited to, quantities of tasks performed, quantities of
75	75	8 items or materials handled or produced, rates or speeds of
76	76	9 tasks performed, measurements or metrics of employee
77	77	10 performance in relation to a quota, and time categorized as
78	78	11 performing tasks or not performing tasks.
79	79	12 "Employer" means a person who directly or indirectly, or
80	80	13 through an agent or any other person, including through the
81	81	14 services of a third-party employer, temporary services, or
82	82	15 staffing agency, independent contractor, or any similar
83	83	16 entity, at any time in the prior 12 months, employs or
84	84	17 exercises control over the wages, hours, or working conditions
85	85	18 of 100 or more employees at a single warehouse distribution
86	86	19 center or 500 or more employees at one or more warehouse
87	87	20 distribution centers in the State. For the purposes of this
88	88	21 definition: (1) all employees employed directly or indirectly,
89	89	22 or through an agent or any other person, as described in this
90	90	23 definition, as well as any employee employed by a member of a
91	91	24 controlled group of corporations of which the employer is a
92	92	25 member, shall be counted in determining the number of
93	93	26 employees employed at a single warehouse distribution center
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104	104	1 or at one or more warehouse distribution centers in the State;
105	105	2 and (2) all agents or other persons, as described in this
106	106	3 definition, and all members of a controlled group of
107	107	4 corporations of which the employer is a member, shall be
108	108	5 deemed to be employers and shall be jointly and severally
109	109	6 responsible for compliance with this Act.
110	110	7 "Person" means an individual, corporation, partnership,
111	111	8 limited partnership, limited liability partnership, limited
112	112	9 liability company, business trust, estate, trust, association,
113	113	10 joint venture, agency, instrumentality, or any other legal or
114	114	11 commercial entity, whether domestic or foreign.
115	115	12 "Quota" means a work standard that:
116	116	13 (1) an employee is assigned or required to perform at
117	117	14 a specified productivity speed or a quantified number of
118	118	15 tasks or to handle or produce a quantified amount of
119	119	16 material, within a defined time period; or
120	120	17 (2) categorizes an employee's actions between time
121	121	18 performing tasks and not performing tasks, and the
122	122	19 employee's failure to complete a task performance standard
123	123	20 or recommendation may have an adverse impact on the
124	124	21 employee's continued employment or the conditions of such
125	125	22 employment.
126	126	23 "Warehouse distribution center" means an establishment as
127	127	24 defined by any of the following North American Industry
128	128	25 Classification System (NAICS) codes, however such
129	129	26 establishment is denominated:
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140	140	1 (1) 493 for Warehousing and Storage;
141	141	2 (2) 423 for Merchant Wholesalers, Durable Goods;
142	142	3 (3) 424 for Merchant Wholesalers, Nondurable Goods;
143	143	4 (4) 454110 for Electronic Shopping and Mail-Order
144	144	5 Houses; or
145	145	6 (5) 492110 for Couriers and Express Delivery Services.
146	146	7 Section 10. Disclosure of quotas. Each employer shall
147	147	8 provide to each employee, upon hire or within 30 days after the
148	148	9 effective date of this Act, whichever is later, a written
149	149	10 description of each quota to which the employee is subject,
150	150	11 including the quantified number of tasks to be performed or
151	151	12 materials to be produced or handled, within a defined time
152	152	13 period, and any potential adverse employment action that could
153	153	14 result from failure to meet the quota. Each time the quota
154	154	15 changes thereafter, the employer shall provide an updated
155	155	16 written description of each quota to which the employee is
156	156	17 subject within 2 business days of such quota change. Each time
157	157	18 an employer takes an adverse employment action against an
158	158	19 employee based on a quota, the employer shall provide that
159	159	20 employee with a written explanation regarding the manner in
160	160	21 which the employee failed to perform, including the applicable
161	161	22 quota and comparison of the employee's work performance in
162	162	23 relation to that quota.
163	163	24 An employer that fails to disclose a quota to an employee
164	164	25 shall be subject to a civil penalty of $100 per pay period for
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175	175	1 every pay period the employee worked before the employer
176	176	2 disclosed the quota.
177	177	3 Section 15. Protection from quotas. An employee shall not
178	178	4 be required to meet a quota that prevents compliance with meal
179	179	5 or rest periods or use of bathroom facilities, including
180	180	6 reasonable travel time to and from bathroom facilities. An
181	181	7 employer shall not take adverse employment action against an
182	182	8 employee for failure to meet a quota that does not allow a
183	183	9 worker to comply with meal and rest periods or for failure to
184	184	10 meet a quota that has not been disclosed to the employee
185	185	11 pursuant to Section 10.
186	186	12 Section 20. Time on task. Consistent with existing law,
187	187	13 paid and unpaid breaks shall not be considered productive time
188	188	14 for the purpose of any quota or monitoring system unless the
189	189	15 employee is required to remain on call.
190	190	16 Section 25. Recordkeeping.
191	191	17 (a) Each employer shall establish, maintain, and preserve
192	192	18 contemporaneous, true, and accurate records of the following:
193	193	19 (1) each employee's own personal work speed data;
194	194	20 (2) the aggregated work speed data for similar
195	195	21 employees at the same establishment; and
196	196	22 (3) the written descriptions of the quota such
197	197	23 employee was provided pursuant to Section 10.
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208	208	1 Records under this subsection shall be maintained and
209	209	2 preserved throughout the duration of each employee's period of
210	210	3 employment and made available to the Director or his or her
211	211	4 representative upon request.
212	212	5 (b) After any employee's separation from the employer,
213	213	6 such records relating to the 6-month period prior to the date
214	214	7 of the employee's separation from the employer shall be
215	215	8 preserved for a period of time not less than 3 years after the
216	216	9 date of such employee's separation and made available to the
217	217	10 Director or his or her representative upon request. Nothing in
218	218	11 this Section shall require an employer to keep such records if
219	219	12 such employer does not use quotas as defined in this Act or
220	220	13 monitor work speed data.
221	221	14 Section 30. Employee's right to request records.
222	222	15 (a) A current employee has the right to request a written
223	223	16 description of each quota to which the employee is subject, a
224	224	17 copy of the employee's own personal work speed data, and a copy
225	225	18 of the prior 6 months of aggregated work speed data for similar
226	226	19 employees at the same establishment.
227	227	20 (b) A former employee has the right to request, within 3
228	228	21 years after the date of his or her separation from the
229	229	22 employer, a written description of the quota to which he or she
230	230	23 was subject as of the date of his or her separation, a copy of
231	231	24 the employee's own personal work speed data for the 6 months
232	232	25 prior to his or her date of separation, and a copy of
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243	243	1 aggregated work speed data for similar employees at the same
244	244	2 establishment for the 6 months prior to his or her date of
245	245	3 separation.
246	246	4 (c) Requested records under this Section shall be provided
247	247	5 at no cost to the current or former employee.
248	248	6 (d) The employer shall provide the requested records under
249	249	7 this Section as soon as practicable; however, requested
250	250	8 written descriptions of the quota shall be provided no later
251	251	9 than 2 business days following the date of the receipt of the
252	252	10 request and requested personal work speed data and aggregated
253	253	11 work speed data shall be provided no later than 7 business days
254	254	12 following the date of the receipt of the request.
255	255	13 (e) Nothing in this Section shall require an employer to
256	256	14 use quotas as defined in this Act or monitor work speed data.
257	257	15 An employer that does not monitor this data has no obligation
258	258	16 to provide it.
259	259	17 Section 35. Unlawful retaliation.
260	260	18 (a) No person, including, but not limited to, an employer,
261	261	19 his or her agent, or person acting as or on behalf of a hiring
262	262	20 entity, or the officer or agent of any entity, business,
263	263	21 corporation, partnership, or limited liability company, shall
264	264	22 discharge or in any way retaliate, discriminate, or take
265	265	23 adverse action against any person for exercising any rights
266	266	24 conferred under this Act or for being perceived as exercising
267	267	25 rights conferred by this Act, including, but not limited to:
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278	278	1 (1) Initiating a request for information about a quota
279	279	2 or personal work speed data pursuant to subsection (a) of
280	280	3 Section 30.
281	281	4 (2) Making a complaint related to a quota alleging any
282	282	5 violation of Section 10, 15, 20, or 30 to the Director or
283	283	6 his or her representative; any other local, state, or
284	284	7 federal governmental agency or official; or the employer.
285	285	8 (b) An employee need not explicitly refer to this Act or
286	286	9 the rights enumerated in this Act to be protected from an
287	287	10 adverse action. The protections of this Section shall apply to
288	288	11 former employees and to employees who mistakenly but in good
289	289	12 faith allege violations of this Act.
290	290	13 (c) If a person takes adverse action against an employee
291	291	14 within 90 days of the employee's engaging or attempting to
292	292	15 engage in activities protected by this Act, such conduct shall
293	293	16 raise a rebuttable presumption that the action is an adverse
294	294	17 action in violation of this Act. Such presumption may be
295	295	18 rebutted by clear and convincing evidence that: (1) the action
296	296	19 was taken for other permissible reasons; and (2) the engaging
297	297	20 or attempting to engage in activities protected by this Act
298	298	21 was not a motivating factor in the adverse action.
299	299	22 Section 40. Notice to employees. Every employer covered by
300	300	23 this Act shall post and keep posted, in conspicuous places on
301	301	24 the premises of the employer where notices to employees are
302	302	25 customarily posted, a notice, to be prepared or approved by
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313	313	1 the Director of Labor, regarding employees' rights under this
314	314	2 Act, including what constitutes a permissible quota and
315	315	3 employees' right to request quota and speed date information,
316	316	4 and making a complaint to various State authorities regarding
317	317	5 a violation of an employee's quota rights under this Act.
318	318	6 Section 45. Enforcement. The Department of Labor shall
319	319	7 adopt rules implementing this Act. The Director shall be
320	320	8 authorized to enforce this Act and to assess civil penalties
321	321	9 in a manner consistent with State law.
322	322	10 Section 50. Workplace inspections. If a particular work
323	323	11 site or employer is found to have an annual employee injury
324	324	12 rate of at least 1.5 times as high as the warehousing
325	325	13 industry's average annual injury rate as published by the
326	326	14 Bureau of Labor Statistics' most recent fatal and non-fatal
327	327	15 occupational injuries and illnesses data, the Director or his
328	328	16 or her representative shall conduct an investigation of
329	329	17 violations pursuant to this Act.
330	330	18 Section 55. Private right of action. A current or former
331	331	19 employee or his or her representative may bring an action for
332	332	20 injunctive relief to obtain compliance with this Act and may,
333	333	21 upon prevailing in the action, recover costs and reasonable
334	334	22 attorney's fees in such action. In any action involving a
335	335	23 quota that prevented the compliance with applicable
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346	346	1 regulations on workplace safety and health or meal or rest
347	347	2 break requirements, the injunctive relief shall be limited to
348	348	3 suspension of the quota and restitution and injunctive relief
349	349	4 to address any retaliation or other adverse action taken by
350	350	5 the employer in relation to the complaint or its enforcement.
351	351	6 In any action involving a retaliation in violation of this
352	352	7 Act, in addition to the relief authorized in this Section, a
353	353	8 prevailing current or former employee or his or her
354	354	9 representative shall be awarded damages equal to the greater
355	355	10 of $10,000 or 3 times the actual damages, including, but not
356	356	11 limited to, unpaid wages and benefits.
357	357	12 Section 60. Attorney General; powers. The Attorney
358	358	13 General, either upon his or her own complaint or the complaint
359	359	14 of any person acting for themselves or the general public, has
360	360	15 the authority to prosecute actions, either civil or criminal,
361	361	16 for violations of this Act, or to enforce the provisions
362	362	17 thereof independently and without specific direction of the
363	363	18 Director.
364	364	19 Section 97. Severability. The provisions of this Act are
365	365	20 severable under Section 1.31 of the Statute on Statutes.
366	366	21 Section 99. Effective date. This Act takes effect 60 days
367	367	22 after becoming law.
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