1.1 A bill for an act
1.2 relating to employment; establishing worker safety requirements; appropriating
1.3 money; proposing coding for new law in Minnesota Statutes, chapter 182.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [182.6526] WAREHOUSE DISTRIBUTION WORKER SAFETY.
1.6 Subdivision 1.Definitions.(a) The terms defined in this subdivision have the meanings
1.7given them.
1.8 (b) "Aggregated employee work speed data" means a compilation of employee work
1.9speed data for multiple employees, in summary form, assembled in full or in another form
1.10such that the data cannot be identified with any individual.
1.11 (c) "Commissioner" means the commissioner of labor and industry.
1.12 (d)(1) Except as provided in clause (2), "employee" means an employee who works at
1.13a warehouse distribution center.
1.14 (2) For the purposes of subdivisions 2, 3, and 4 only, "employee" means a nonexempt
1.15employee performing warehouse work occurring on the property of a warehouse distribution
1.16center, and does not include a nonexempt employee performing solely manufacturing,
1.17administrative, sales, accounting, human resources, or driving work at or to and from a
1.18warehouse distribution center.
1.19 (e) "Employee work speed data" means information an employer collects, stores, analyzes,
1.20or interprets relating to an individual employee's or group of employees' performance of a
1.21quota, including but not limited to quantities of tasks performed, quantities of items or
1.22materials handled or produced, rates or speeds of tasks performed, measurements or metrics
1Section 1.
REVISOR SS H0036-4HF36 FOURTH ENGROSSMENT
186
Printed
Page No.State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 36
NINETY-THIRD SESSION
Authored by Greenman; Nelson, M.; Tabke; Noor; Hassan and others01/04/2023
The bill was read for the first time and referred to the Committee on Labor and Industry Finance and Policy
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law01/18/2023
Adoption of Report: Amended and re-referred to the Committee on Ways and Means02/06/2023
Adoption of Report: Placed on the General Register as Amended03/30/2023
Read for the Second Time
Calendar for the Day, Amended04/24/2023
Read Third Time as Amended
Passed by the House as Amended and transmitted to the Senate to include Floor Amendments 2.1of employee performance in relation to a quota, and time categorized as performing tasks
2.2or not performing tasks. Employee work speed data does not include itemized earnings
2.3statements pursuant to chapter 181, except for any content of those records that includes
2.4employee work speed data as defined in this paragraph.
2.5 (f) "Employer" means a person who directly or indirectly, or through an agent or any
2.6other person, including through the services of a third-party employer, temporary service,
2.7or staffing agency or similar entity, employs or exercises control over the wages, hours, or
2.8working conditions of 250 or more employees at a single warehouse distribution center or
2.91,000 or more employees at one or more warehouse distribution centers in the state. For
2.10purposes of this paragraph, all employees of an employer's unitary business, as that term is
2.11defined in section 290.17, subdivision 4, shall be counted in determining the number of
2.12employees employed at a single warehouse distribution center or at one or more warehouse
2.13distribution centers in the state.
2.14 (g) "Warehouse distribution center" means an establishment as defined by any of the
2.15following North American Industry Classification System (NAICS) codes:
2.16 (1) 493110 for General Warehousing and Storage;
2.17 (2) 423 for Merchant Wholesalers, Durable Goods;
2.18 (3) 424 for Merchant Wholesalers, Nondurable Goods;
2.19 (4) 454110 for Electronic Shopping and Mail-Order Houses; and
2.20 (5) 492110 for Couriers and Express Delivery Services.
2.21 (h) "Quota" means a work standard under which:
2.22 (1) an employee or group of employees is assigned or required to perform at a specified
2.23productivity speed, or perform a quantified number of tasks, or handle or produce a quantified
2.24amount of material, or perform without a certain number of errors or defects, as measured
2.25at the individual or group level within a defined time period; or
2.26 (2) an employee's actions are categorized and measured between time performing tasks
2.27and not performing tasks, and the employee's failure to complete a task performance standard
2.28may have an adverse impact on the employee's continued employment.
2.29 Subd. 2.Written description required.(a) Each employer shall provide to each
2.30employee a written description of each quota to which the employee is subject and how it
2.31is measured, including the quantified number of tasks to be performed or materials to be
2.32produced or handled or the limit on time categorized as not performing tasks, within the
2Section 1.
REVISOR SS H0036-4HF36 FOURTH ENGROSSMENT 3.1defined time period, and any potential adverse employment action that could result from
3.2failure to meet the quota.
3.3 (b) The written description must be understandable in plain language and in the language
3.4identified by each employee as the primary language of that employee.
3.5 (c) The written description must be provided:
3.6 (1) upon hire or within 30 days of the effective date of this section; and
3.7 (2) no fewer than one working day prior to the effective date of any increase of an
3.8existing quota and no later than the time of implementation for any decrease of an existing
3.9quota.
3.10 (d) An employer shall not take adverse employment action against an employee for
3.11failure to meet a quota that has not been disclosed to the employee.
3.12 Subd. 3.Breaks.An employee shall not be required to meet a quota that prevents
3.13compliance with meal or rest or prayer periods, use of restroom facilities, including
3.14reasonable travel time to and from restroom facilities as provided under section 177.253,
3.15subdivision 1, or occupational health and safety standards under this chapter or Minnesota
3.16Rules, chapter 5205. An employer shall not take adverse employment action against an
3.17employee for failure to meet a quota that does not allow a worker to comply with meal or
3.18rest or prayer periods, or occupational health and safety standards under this chapter.
3.19 Subd. 4.Employee work speed data.(a) Employees have the right to request orally or
3.20in writing from their direct supervisor or another representative designated by the employer,
3.21and the employer shall provide within four business days: (1) a written description of each
3.22quota to which the employee is subject; (2) a copy of the most recent 90 days of the
3.23employee's own personal employee work speed data; and (3) a copy of the most recent 90
3.24days of aggregated employee work speed data for similar employees at the same work site.
3.25The written description of each quota must meet the requirements of subdivision 2, paragraph
3.26(b), and the employee work speed data must be provided in a manner understandable to the
3.27employee. An employee may make a request under this paragraph no more than four times
3.28per year.
3.29 (b) If an employer disciplines an employee for failure to meet a quota, the employer
3.30must, at the time of discipline, provide the employee with a written copy of the most recent
3.3190 days of the employee's own personal employee work speed data. If an employer dismisses
3.32an employee for any reason, they must, at the time of firing, provide the employee with a
3.33written copy of the most recent 90 days of the employee's own personal employee work
3Section 1.
REVISOR SS H0036-4HF36 FOURTH ENGROSSMENT 4.1speed data. An employer shall not retaliate against an employee for requesting data under
4.2this subdivision. Discipline means taking a formal action, documented in writing, and does
4.3not mean conversations surrounding performance improvement or training. An employer
4.4must formally document any disciplinary action.
4.5 Subd. 5.High rates of injury.If a particular work site or employer is found to have an
4.6employee incidence rate in a given year, based on data reported to the federal Occupational
4.7Safety and Health Administration, of at least 30 percent higher than that year's average
4.8incidence rate for the relevant NAICS code's nonfatal occupational injuries and illnesses
4.9by industry and case types, released by the United States Bureau of Labor Statistics, the
4.10commissioner shall open an investigation of violations under this section. The employer
4.11must also hold its safety committee meetings as provided under section 182.676 monthly
4.12until, for two consecutive years, the work site or employer does not have an employee
4.13incidence rate 30 percent higher than the average yearly incidence rate for the relevant
4.14NAICS code.
4.15 Subd. 6.Enforcement.(a) Subdivision 2, paragraphs (a) to (c), subdivision 4, and
4.16subdivision 5 shall be enforced by the commissioner under sections 182.66, 182.661, and
4.17182.669. A violation of this section is subject to the penalties provided under sections
4.18182.666 and 182.669.
4.19 (b) A current or former employee aggrieved by a violation of this section may bring a
4.20civil cause of action for damages and injunctive relief to obtain compliance with this section,
4.21may receive other equitable relief as determined by a court, including reinstatement with
4.22back pay, and may, upon prevailing in the action, recover costs and reasonable attorney
4.23fees in that action. A cause of action under this section must be commenced within one year
4.24of the date of the violation.
4.25 (c) Nothing in this section shall be construed to prevent local enforcement of occupational
4.26health and safety standards that are more restrictive than this section.
4.27 Sec. 2. APPROPRIATION.
4.28 $115,000 in fiscal year 2024 and $91,000 in fiscal year 2025 are appropriated from the
4.29workers' compensation fund to the commissioner of labor and industry for enforcement and
4.30other duties regarding warehouse distribution workers safety under Minnesota Statutes,
4.31section 182.6526.
4Sec. 2.
REVISOR SS H0036-4HF36 FOURTH ENGROSSMENT