Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2103 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1933 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2103
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey and Simon Cataldo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting warehouse workers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/15/2025Simon Cataldo14th Middlesex1/15/2025 1 of 8
16	16	HOUSE DOCKET, NO. 1933 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2103
18	18	By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by
19	19	bill, House, No. 2103) of Sean Garballey and Simon Cataldo relative to warehouse workers.
20	20	Labor and Workforce Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1878 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act protecting warehouse workers.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing in the 2020
32	32	2official edition, is hereby amended by adding the following definitions:
33	33	3 "Defined time period" means any unit of time measurement equal to or less than the
34	34	4duration of an employee's shift, and includes hours, minutes, and seconds and any fraction
35	35	5thereof.
36	36	6 "Designated employee representative" means any employee representative, including but
37	37	7not limited to an authorized employee representative that has a collective bargaining relationship
38	38	8with the employer. 2 of 8
39	39	9 "Employee" means a nonexempt and non-administrative employee who works at a
40	40	10warehouse distribution center and is subject to a quota as defined in this section.
41	41	11 (a) "Employee work speed data" means information an employer collects, stores,
42	42	12analyzes, or interprets relating to an individual employee's performance of a quota, including, but
43	43	13not limited to, quantities of tasks performed, quantities of items or materials handled or
44	44	14produced, rates or speeds of tasks performed, measurements or metrics of employee performance
45	45	15in relation to a quota, and time categorized as performing tasks or not performing tasks.
46	46	16 (b) "Aggregated data" means information that an employer has combined or collected
47	47	17together in summary or other form such that the data cannot be identified with any individual.
48	48	18 "Employer" means a person who directly or indirectly, or through an agent or any other
49	49	19person, including through the services of a third-party employer, temporary services, or staffing
50	50	20agency, independent contractor, or any similar entity, at any time in the prior twelve months,
51	51	21employs or exercises control over the wages, hours, or working conditions of one hundred or
52	52	22more employees at a single warehouse distribution center or five hundred or more employees at
53	53	23one or more warehouse distribution centers in the state.
54	54	24 (a) all employees employed directly or indirectly, or through an agent or any other
55	55	25person, as described in the above definition, as well as any employee employed by a member of
56	56	26a controlled group of corporations of which the employer is a member, shall be counted in
57	57	27determining the number of employees employed at a single warehouse distribution center or at
58	58	28one or more warehouse distribution centers in the state; and
59	59	29 (b) all agents or other persons, as described in the definition above, and all members of a
60	60	30controlled group of corporations of which the employer is a member, shall be deemed to be 3 of 8
61	61	31employers and shall be jointly and severally responsible for compliance with this article. For
62	62	32purposes of this subdivision, the term "controlled group of corporations" shall be defined as
63	63	33provided under Section 1563 of the Internal Revenue Code, 26 U.S.C. section 1563, except that
64	64	34fifty percent shall be substituted for eighty percent where eighty percent is specified in that
65	65	35definition.
66	66	36 "Person" means an individual, corporation, partnership, limited partnership, limited
67	67	37liability partnership, limited liability company, business trust, estate, trust, association, joint
68	68	38venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or
69	69	39foreign.
70	70	40 "Quota" means a work standard which:
71	71	41 (a) an employee is assigned or required to perform:
72	72	42 (i) at a specified productivity speed; or a quantified number of tasks, or to handle or
73	73	43produce a quantified amount of material, within a defined time period; or
74	74	44 (b) an employee's actions are categorized between time performing tasks and not
75	75	45performing tasks, and the employee's failure to complete a task performance standard or
76	76	46recommendation may have an adverse impact on the employee's continued employment or the
77	77	47conditions of such employment.
78	78	48 "Warehouse distribution center" means an establishment as defined by any of the
79	79	49following North American industry classification system ("NAICS") codes, however such
80	80	50establishment is denominated:
81	81	51 (a) four hundred ninety-three for warehousing and storage; 4 of 8
82	82	52 (b) four hundred twenty-three for merchant wholesalers, durable goods;
83	83	53 (c) four hundred twenty-four for merchant wholesalers, nondurable goods;
84	84	54 (d) four hundred fifty-four thousand one hundred ten for electronic shopping and mail-
85	85	55order houses; or
86	86	56 (e) four hundred ninety-two thousand one hundred ten for couriers and express delivery
87	87	57services.
88	88	58 Section 2: Chapter 149 of the Massachusetts General Laws, as appearing in the 2020
89	89	59official edition, is hereby amended by adding the following section:
90	90	60 52C ½ : Quotas
91	91	61 Each employer shall provide to each employee, upon hire, or within thirty days of the
92	92	62effective date of this article, a written description of each quota to which the employee is subject,
93	93	63including the quantified number of tasks to be performed or materials to be produced or handled,
94	94	64within the defined time period, and any potential adverse employment action that could result
95	95	65from failure to meet the quota. Each time the quota changes thereafter, the employer shall
96	96	66provide an updated written description of each quota to which the employee is subject within two
97	97	67business days of such quota change. Each time an employer takes an adverse employment action
98	98	68against an employee, the employer shall provide that employee with the applicable quota for the
99	99	69employee.
100	100	70 An employee shall not be required to meet a quota that prevents compliance with meal or
101	101	71rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom
102	102	72facilities. An employer shall not take adverse employment action against an employee for failure 5 of 8
103	103	73to meet a quota that does not allow a worker to comply with meal and rest periods or for failure
104	104	74to meet a quota that has not been disclosed to the employee pursuant to section seven hundred
105	105	75eighty-one of this article.
106	106	76 Consistent with existing law, paid and unpaid breaks shall not be considered productive
107	107	77time for the purpose of any quota or monitoring system unless the employee is required to
108	108	78remain on call.
109	109	79 1. Each employer shall establish, maintain, and preserve contemporaneous, true, and
110	110	80accurate records of the following:
111	111	81 (a) each employee's own personal work speed data;
112	112	82 (b) the aggregated work speed data for similar employees at the same establishment; and
113	113	83 (c) the written descriptions of the quota such employee was provided pursuant to section
114	114	84seven hundred eighty-one of this article. Such records shall be maintained and preserved
115	115	85throughout the duration of each employee's period of employment and made available to the
116	116	86commissioner upon request.
117	117	87 Subsequent to any employee's separation from the employer, such records relating to the
118	118	88six month period prior to the date of the employee's separation from the employer shall be
119	119	89preserved for a period of time not less than three years subsequent to the date of such employee's
120	120	90separation and made available to the commissioner upon request. Nothing in this section shall
121	121	91require an employer to keep such records if such employer does not use quotas as defined in this
122	122	92article or monitor work speed data. 6 of 8
123	123	93 A current employee has the right to request a written description of each quota to which
124	124	94the employee is subject, a copy of the employee's own personal work speed data, and a copy of
125	125	95the prior six months of aggregated work speed data for similar employees at the same
126	126	96establishment.
127	127	97 A former employee has the right to request, within three years subsequent to the date of
128	128	98his or her separation from the employer, a written description of the quota to which they were
129	129	99subject as of the date of their separation, a copy of the employee's own personal work speed data
130	130	100for the six months prior to their date of separation, and a copy of aggregated work speed data for
131	131	101similar employees at the same establishment for the six months prior to their date of separation.
132	132	102 Such requested records pursuant to this section shall be provided at no cost to the current
133	133	103or former employee.
134	134	104 The employer shall provide such requested records pursuant to this section as soon as
135	135	105practicable, provided that requested written descriptions of the quota shall be provided no later
136	136	106than two business days following the date of the receipt of the request and requested personal
137	137	107work speed data and aggregated work speed data shall be provided no later than seven business
138	138	108days following the date of the receipt of the request.
139	139	109 5. Nothing in this section shall require an employer to use quotas as defined in this article
140	140	110or monitor work speed data. An employer that does not monitor this data has no obligation to
141	141	111provide it.
142	142	112 No person, including but not limited to an employer, his or her agent, or person acting as
143	143	113or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation,
144	144	114partnership, or limited liability company, shall discharge or in any way retaliate, discriminate or 7 of 8
145	145	115take adverse action against any person for exercising any rights conferred under this article, or
146	146	116for being perceived as exercising rights conferred by this article, including but not limited to:
147	147	117 (a) Initiating a request for information about a quota or personal work speed data
148	148	118pursuant to subdivision one of XXX of this article (Right to request section).
149	149	119 (b) Making a complaint related to a quota alleging any violation of this section to the
150	150	120commissioner, any other local, state, or federal governmental agency or official, or the employer.
151	151	121 An employee need not explicitly refer to this article or the rights enumerated herein to be
152	152	122protected from an adverse action. Protections of this section shall apply to former employees and
153	153	123to employees who mistakenly but in good faith allege violations of this article.
154	154	124 If a person takes adverse action against an employee within ninety days of the employee's
155	155	125engaging or attempting to engage in activities protected by this article, such conduct shall raise a
156	156	126rebuttable presumption that the action is an adverse action in violation of this article. Such
157	157	127presumption may be rebutted by clear and convincing evidence that: (a) the action was taken for
158	158	128other permissible reasons; and (b) the engaging or attempting to engage in activities protected by
159	159	129this article was not a motivating factor in the adverse action.
160	160	130 The commissioner shall adopt rules and regulations implementing the provisions of this
161	161	131article. The commissioner shall be authorized to enforce the provisions of this article and to
162	162	132assess civil penalties in a manner consistent with state law.
163	163	133 If a particular worksite or employer is found to have an annual employee injury rate of at
164	164	134least one and one-half times as high as the warehousing industry's average annual injury rate as
165	165	135published by the Bureau of Labor Statistics’ most recent Fatal and Non-fatal Occupational 8 of 8
166	166	136Injuries and Illnesses data, the commissioner shall conduct an investigation of violations
167	167	137pursuant to this section.
168	168	138 A current or former employee or his or her representative may bring an action for
169	169	139injunctive relief to obtain compliance with this article and may, upon prevailing in the action,
170	170	140recover costs and reasonable attorney's fees in such action. In any action involving a quota that
171	171	141prevented the compliance with applicable regulations on workplace safety and health or meal or
172	172	142rest break requirements, the injunctive relief shall be limited to suspension of the quota and
173	173	143restitution and injunctive relief to address any retaliation or other adverse action taken by the
174	174	144employer in relation to the complaint or its enforcement. In any action involving a retaliation in
175	175	145violation this article, in addition to the relief authorized above, a prevailing current or former
176	176	146employee or his or her representative shall be awarded damages equal to the greater of ten
177	177	147thousand dollars or three times the actual damages, including, but not limited to, unpaid wages
178	178	148and benefits.
179	179	149 The attorney general, either upon his or her own complaint or the complaint of any
180	180	150person acting for themselves or the general public, has the authority to prosecute actions, either
181	181	151civil or criminal, for violations of this article, or to enforce the provisions thereof independently
182	182	152and without specific direction of the commissioner.
183	183	153 If any provision of this act, or any application of any provision of this act, is held to be
184	184	154invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of
185	185	155any other application of any provision of this act, which can be given effect without that
186	186	156provision or application; and to that end, the provisions and applications of this act are severable.