| 8 | | - | 1.8 (b) "Aggregated employee work speed data" means a compilation of employee work |
|---|
| 9 | | - | 1.9speed data for multiple employees, in summary form, assembled in full or in another form |
|---|
| 10 | | - | 1.10such that the data cannot be identified with any individual. |
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| 11 | | - | 1.11 (c) "Commissioner" means the commissioner of labor and industry. |
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| 12 | | - | 1.12 (d)(1) Except as provided in clause (2), "employee" means an employee who works at |
|---|
| 13 | | - | 1.13a warehouse distribution center. |
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| 14 | | - | 1.14 (2) For the purposes of subdivisions 2, 3, and 4 only, "employee" means a nonexempt |
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| 15 | | - | 1.15employee performing warehouse work occurring on the property of a warehouse distribution |
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| 16 | | - | 1.16center, and does not include a nonexempt employee performing solely manufacturing, |
|---|
| 17 | | - | 1.17administrative, sales, accounting, human resources, or driving work at or to and from a |
|---|
| 18 | | - | 1.18warehouse distribution center. |
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| 19 | | - | 1.19 (e) "Employee work speed data" means information an employer collects, stores, analyzes, |
|---|
| 20 | | - | 1.20or interprets relating to an individual employee's or group of employees' performance of a |
|---|
| 21 | | - | 1.21quota, including but not limited to quantities of tasks performed, quantities of items or |
|---|
| 22 | | - | 1.22materials handled or produced, rates or speeds of tasks performed, measurements or metrics |
|---|
| 8 | + | 1.8 (b) "Commissioner" means the commissioner of labor and industry. |
|---|
| 9 | + | 1.9 (c)(1) Except as provided in clause (2), "employee" means a nonexempt employee who |
|---|
| 10 | + | 1.10works at a warehouse distribution center. |
|---|
| 11 | + | 1.11 (2) For the purposes of subdivisions 2, 3, and 4 only, "employee" means a nonexempt |
|---|
| 12 | + | 1.12employee performing warehouse work occurring on the property of a warehouse distribution |
|---|
| 13 | + | 1.13center, and does not include a nonexempt employee performing solely manufacturing, |
|---|
| 14 | + | 1.14administrative, sales, accounting, human resources, or driving work at a warehouse |
|---|
| 15 | + | 1.15distribution center. |
|---|
| 16 | + | 1.16 (d) "Work speed data" means information an employer collects, stores, analyzes, or |
|---|
| 17 | + | 1.17interprets relating to an individual employee's or group of employees' pace of work, including |
|---|
| 18 | + | 1.18but not limited to quantities of tasks performed, quantities of items or materials handled or |
|---|
| 19 | + | 1.19produced, rates or speeds of tasks performed, measurements or metrics of employee |
|---|
| 20 | + | 1.20performance in relation to a quota, and time categorized as performing tasks or not |
|---|
| 21 | + | 1.21performing tasks. |
|---|
| 38 | | - | Read for the Second Time |
|---|
| 39 | | - | Calendar for the Day, Amended04/24/2023 |
|---|
| 40 | | - | Read Third Time as Amended |
|---|
| 41 | | - | 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 |
|---|
| 42 | | - | 2.2or not performing tasks. Employee work speed data does not include itemized earnings |
|---|
| 43 | | - | 2.3statements pursuant to chapter 181, except for any content of those records that includes |
|---|
| 44 | | - | 2.4employee work speed data as defined in this paragraph. |
|---|
| 45 | | - | 2.5 (f) "Employer" means a person who directly or indirectly, or through an agent or any |
|---|
| 46 | | - | 2.6other person, including through the services of a third-party employer, temporary service, |
|---|
| 47 | | - | 2.7or staffing agency or similar entity, employs or exercises control over the wages, hours, or |
|---|
| 48 | | - | 2.8working conditions of 250 or more employees at a single warehouse distribution center or |
|---|
| 49 | | - | 2.91,000 or more employees at one or more warehouse distribution centers in the state. For |
|---|
| 50 | | - | 2.10purposes of this paragraph, all employees of an employer's unitary business, as that term is |
|---|
| 51 | | - | 2.11defined in section 290.17, subdivision 4, shall be counted in determining the number of |
|---|
| 52 | | - | 2.12employees employed at a single warehouse distribution center or at one or more warehouse |
|---|
| 53 | | - | 2.13distribution centers in the state. |
|---|
| 54 | | - | 2.14 (g) "Warehouse distribution center" means an establishment as defined by any of the |
|---|
| 55 | | - | 2.15following North American Industry Classification System (NAICS) codes: |
|---|
| 56 | | - | 2.16 (1) 493110 for General Warehousing and Storage; |
|---|
| 57 | | - | 2.17 (2) 423 for Merchant Wholesalers, Durable Goods; |
|---|
| 58 | | - | 2.18 (3) 424 for Merchant Wholesalers, Nondurable Goods; |
|---|
| 59 | | - | 2.19 (4) 454110 for Electronic Shopping and Mail-Order Houses; and |
|---|
| 60 | | - | 2.20 (5) 492110 for Couriers and Express Delivery Services. |
|---|
| 61 | | - | 2.21 (h) "Quota" means a work standard under which: |
|---|
| 62 | | - | 2.22 (1) an employee or group of employees is assigned or required to perform at a specified |
|---|
| 63 | | - | 2.23productivity speed, or perform a quantified number of tasks, or handle or produce a quantified |
|---|
| 64 | | - | 2.24amount of material, or perform without a certain number of errors or defects, as measured |
|---|
| 65 | | - | 2.25at the individual or group level within a defined time period; or |
|---|
| 66 | | - | 2.26 (2) an employee's actions are categorized and measured between time performing tasks |
|---|
| 67 | | - | 2.27and not performing tasks, and the employee's failure to complete a task performance standard |
|---|
| 68 | | - | 2.28may have an adverse impact on the employee's continued employment. |
|---|
| 69 | | - | 2.29 Subd. 2.Written description required.(a) Each employer shall provide to each |
|---|
| 70 | | - | 2.30employee a written description of each quota to which the employee is subject and how it |
|---|
| 71 | | - | 2.31is measured, including the quantified number of tasks to be performed or materials to be |
|---|
| 72 | | - | 2.32produced or handled or the limit on time categorized as not performing tasks, within the |
|---|
| 37 | + | Read for the Second Time 2.1 (e) "Employer" means a person who directly or indirectly, or through an agent or any |
|---|
| 38 | + | 2.2other person, including through the services of a third-party employer, temporary service, |
|---|
| 39 | + | 2.3or staffing agency or similar entity, employs or exercises control over the wages, hours, or |
|---|
| 40 | + | 2.4working conditions of 250 or more employees at a single warehouse distribution center or |
|---|
| 41 | + | 2.51,000 or more employees at one or more warehouse distribution centers in the state. For |
|---|
| 42 | + | 2.6purposes of this paragraph, all employees of an employer's unitary business, as that term is |
|---|
| 43 | + | 2.7defined in section 290.17, subdivision 4, shall be counted in determining the number of |
|---|
| 44 | + | 2.8employees employed at a single warehouse distribution center or at one or more warehouse |
|---|
| 45 | + | 2.9distribution centers in the state. |
|---|
| 46 | + | 2.10 (f) "Warehouse distribution center" means an establishment as defined by any of the |
|---|
| 47 | + | 2.11following North American Industry Classification System (NAICS) codes: |
|---|
| 48 | + | 2.12 (1) 493110 for General Warehousing and Storage; |
|---|
| 49 | + | 2.13 (2) 423 for Merchant Wholesalers, Durable Goods; |
|---|
| 50 | + | 2.14 (3) 424 for Merchant Wholesalers, Nondurable Goods; |
|---|
| 51 | + | 2.15 (4) 454110 for Electronic Shopping and Mail-Order Houses; and |
|---|
| 52 | + | 2.16 (5) 492110 for Couriers and Express Delivery Services. |
|---|
| 53 | + | 2.17 (g) "Quota" means a work standard under which: |
|---|
| 54 | + | 2.18 (1) an employee or group of employees is assigned or required to perform at a specified |
|---|
| 55 | + | 2.19productivity speed, or perform a quantified number of tasks, or handle or produce a quantified |
|---|
| 56 | + | 2.20amount of material, or perform without a certain number of errors or defects, as measured |
|---|
| 57 | + | 2.21at the individual or group level within a defined time period; or |
|---|
| 58 | + | 2.22 (2) an employee's actions are categorized between time performing tasks and not |
|---|
| 59 | + | 2.23performing tasks, and the employee's failure to complete a task performance standard or |
|---|
| 60 | + | 2.24recommendation may have an adverse impact on the employee's continued employment. |
|---|
| 61 | + | 2.25 Subd. 2.Written description required.(a) Each employer shall provide to each |
|---|
| 62 | + | 2.26employee a written description of each quota to which the employee is subject and how it |
|---|
| 63 | + | 2.27is measured, including the quantified number of tasks to be performed or materials to be |
|---|
| 64 | + | 2.28produced or handled or the limit on time categorized as not performing tasks, within the |
|---|
| 65 | + | 2.29defined time period, and any potential adverse employment action that could result from |
|---|
| 66 | + | 2.30failure to meet the quota. |
|---|
| 67 | + | 2.31 (b) The written description must be understandable in plain language and in the |
|---|
| 68 | + | 2.32employee's language of preference. |
|---|
| 74 | | - | REVISOR SS H0036-4HF36 FOURTH ENGROSSMENT 3.1defined time period, and any potential adverse employment action that could result from |
|---|
| 75 | | - | 3.2failure to meet the quota. |
|---|
| 76 | | - | 3.3 (b) The written description must be understandable in plain language and in the language |
|---|
| 77 | | - | 3.4identified by each employee as the primary language of that employee. |
|---|
| 78 | | - | 3.5 (c) The written description must be provided: |
|---|
| 79 | | - | 3.6 (1) upon hire or within 30 days of the effective date of this section; and |
|---|
| 80 | | - | 3.7 (2) no fewer than one working day prior to the effective date of any increase of an |
|---|
| 81 | | - | 3.8existing quota and no later than the time of implementation for any decrease of an existing |
|---|
| 82 | | - | 3.9quota. |
|---|
| 83 | | - | 3.10 (d) An employer shall not take adverse employment action against an employee for |
|---|
| 84 | | - | 3.11failure to meet a quota that has not been disclosed to the employee. |
|---|
| 85 | | - | 3.12 Subd. 3.Breaks.An employee shall not be required to meet a quota that prevents |
|---|
| 86 | | - | 3.13compliance with meal or rest or prayer periods, use of restroom facilities, including |
|---|
| 87 | | - | 3.14reasonable travel time to and from restroom facilities as provided under section 177.253, |
|---|
| 88 | | - | 3.15subdivision 1, or occupational health and safety standards under this chapter or Minnesota |
|---|
| 89 | | - | 3.16Rules, chapter 5205. An employer shall not take adverse employment action against an |
|---|
| 90 | | - | 3.17employee for failure to meet a quota that does not allow a worker to comply with meal or |
|---|
| 91 | | - | 3.18rest or prayer periods, or occupational health and safety standards under this chapter. |
|---|
| 92 | | - | 3.19 Subd. 4.Employee work speed data.(a) Employees have the right to request orally or |
|---|
| 93 | | - | 3.20in writing from their direct supervisor or another representative designated by the employer, |
|---|
| 94 | | - | 3.21and the employer shall provide within four business days: (1) a written description of each |
|---|
| 95 | | - | 3.22quota to which the employee is subject; (2) a copy of the most recent 90 days of the |
|---|
| 96 | | - | 3.23employee's own personal employee work speed data; and (3) a copy of the most recent 90 |
|---|
| 97 | | - | 3.24days of aggregated employee work speed data for similar employees at the same work site. |
|---|
| 98 | | - | 3.25The written description of each quota must meet the requirements of subdivision 2, paragraph |
|---|
| 99 | | - | 3.26(b), and the employee work speed data must be provided in a manner understandable to the |
|---|
| 100 | | - | 3.27employee. An employee may make a request under this paragraph no more than four times |
|---|
| 101 | | - | 3.28per year. |
|---|
| 102 | | - | 3.29 (b) If an employer disciplines an employee for failure to meet a quota, the employer |
|---|
| 103 | | - | 3.30must, at the time of discipline, provide the employee with a written copy of the most recent |
|---|
| 104 | | - | 3.3190 days of the employee's own personal employee work speed data. If an employer dismisses |
|---|
| 105 | | - | 3.32an employee for any reason, they must, at the time of firing, provide the employee with a |
|---|
| 106 | | - | 3.33written copy of the most recent 90 days of the employee's own personal employee work |
|---|
| 70 | + | REVISOR SS H0036-3HF36 THIRD ENGROSSMENT 3.1 (c) The written description must be provided: |
|---|
| 71 | + | 3.2 (1) upon hire or within 30 days of the effective date of this section; and |
|---|
| 72 | + | 3.3 (2) no fewer than two working days prior to the effective date of any modification of |
|---|
| 73 | + | 3.4existing quotas. |
|---|
| 74 | + | 3.5 (d) An employer shall not take adverse employment action against an employee for |
|---|
| 75 | + | 3.6failure to meet a quota that has not been disclosed to the employee. |
|---|
| 76 | + | 3.7 Subd. 3.Breaks.An employee shall not be required to meet a quota that prevents |
|---|
| 77 | + | 3.8compliance with meal or rest or prayer periods, use of restroom facilities, including |
|---|
| 78 | + | 3.9reasonable travel time to and from restroom facilities as provided under section 177.253, |
|---|
| 79 | + | 3.10subdivision 1, or occupational health and safety standards under this chapter or Minnesota |
|---|
| 80 | + | 3.11Rules, chapter 5205. An employer shall not take adverse employment action against an |
|---|
| 81 | + | 3.12employee for failure to meet a quota that does not allow a worker to comply with meal or |
|---|
| 82 | + | 3.13rest or prayer periods, or occupational health and safety standards under this chapter. |
|---|
| 83 | + | 3.14 Subd. 4.Work speed data.(a) Employees have the right to request orally or in writing |
|---|
| 84 | + | 3.15from any supervisor, and the employer shall provide within 72 hours: (1) a written description |
|---|
| 85 | + | 3.16of each quota to which the employee is subject; (2) a copy of the most recent 90 days of the |
|---|
| 86 | + | 3.17employee's own personal work speed data; and (3) a copy of the prior six months of |
|---|
| 87 | + | 3.18aggregated work speed data for similar employees at the same work site. |
|---|
| 88 | + | 3.19The written description of each quota must meet the requirements of subdivision 2, paragraph |
|---|
| 89 | + | 3.20(b), and the work speed data must be provided in a manner understandable to the employee. |
|---|
| 90 | + | 3.21An employee may make a request under this paragraph no more than four times per year. |
|---|
| 91 | + | 3.22 (b) If an employer disciplines an employee for failure to meet a quota, the employer |
|---|
| 92 | + | 3.23must, at the time of discipline, provide the employee with a written copy of the most recent |
|---|
| 93 | + | 3.2490 days of the employee's own personal work speed data. If an employer dismisses an |
|---|
| 94 | + | 3.25employee for any reason, they must, at the time of firing, provide the employee with a |
|---|
| 95 | + | 3.26written copy of the most recent 90 days of the employee's own personal work speed data. |
|---|
| 96 | + | 3.27An employer shall not retaliate against an employee for requesting data under this |
|---|
| 97 | + | 3.28subdivision. |
|---|
| 98 | + | 3.29 Subd. 5.High rates of injury.If a particular work site or employer is found to have an |
|---|
| 99 | + | 3.30employee incidence rate in a given year, based on data reported to the federal Occupational |
|---|
| 100 | + | 3.31Safety and Health Administration, of at least 30 percent higher than that year's average |
|---|
| 101 | + | 3.32incidence rate for the relevant NAICS code's nonfatal occupational injuries and illnesses |
|---|
| 102 | + | 3.33by industry and case types, released by the United States Bureau of Labor Statistics, the |
|---|
| 108 | | - | REVISOR SS H0036-4HF36 FOURTH ENGROSSMENT 4.1speed data. An employer shall not retaliate against an employee for requesting data under |
|---|
| 109 | | - | 4.2this subdivision. Discipline means taking a formal action, documented in writing, and does |
|---|
| 110 | | - | 4.3not mean conversations surrounding performance improvement or training. An employer |
|---|
| 111 | | - | 4.4must formally document any disciplinary action. |
|---|
| 112 | | - | 4.5 Subd. 5.High rates of injury.If a particular work site or employer is found to have an |
|---|
| 113 | | - | 4.6employee incidence rate in a given year, based on data reported to the federal Occupational |
|---|
| 114 | | - | 4.7Safety and Health Administration, of at least 30 percent higher than that year's average |
|---|
| 115 | | - | 4.8incidence rate for the relevant NAICS code's nonfatal occupational injuries and illnesses |
|---|
| 116 | | - | 4.9by industry and case types, released by the United States Bureau of Labor Statistics, the |
|---|
| 117 | | - | 4.10commissioner shall open an investigation of violations under this section. The employer |
|---|
| 118 | | - | 4.11must also hold its safety committee meetings as provided under section 182.676 monthly |
|---|
| 119 | | - | 4.12until, for two consecutive years, the work site or employer does not have an employee |
|---|
| 120 | | - | 4.13incidence rate 30 percent higher than the average yearly incidence rate for the relevant |
|---|
| 121 | | - | 4.14NAICS code. |
|---|
| 122 | | - | 4.15 Subd. 6.Enforcement.(a) Subdivision 2, paragraphs (a) to (c), subdivision 4, and |
|---|
| 123 | | - | 4.16subdivision 5 shall be enforced by the commissioner under sections 182.66, 182.661, and |
|---|
| 124 | | - | 4.17182.669. A violation of this section is subject to the penalties provided under sections |
|---|
| 125 | | - | 4.18182.666 and 182.669. |
|---|
| 126 | | - | 4.19 (b) A current or former employee aggrieved by a violation of this section may bring a |
|---|
| 127 | | - | 4.20civil cause of action for damages and injunctive relief to obtain compliance with this section, |
|---|
| 128 | | - | 4.21may receive other equitable relief as determined by a court, including reinstatement with |
|---|
| 129 | | - | 4.22back pay, and may, upon prevailing in the action, recover costs and reasonable attorney |
|---|
| 130 | | - | 4.23fees in that action. A cause of action under this section must be commenced within one year |
|---|
| 131 | | - | 4.24of the date of the violation. |
|---|
| 132 | | - | 4.25 (c) Nothing in this section shall be construed to prevent local enforcement of occupational |
|---|
| 133 | | - | 4.26health and safety standards that are more restrictive than this section. |
|---|
| 134 | | - | 4.27 Sec. 2. APPROPRIATION. |
|---|
| 135 | | - | 4.28 $115,000 in fiscal year 2024 and $91,000 in fiscal year 2025 are appropriated from the |
|---|
| 136 | | - | 4.29workers' compensation fund to the commissioner of labor and industry for enforcement and |
|---|
| 137 | | - | 4.30other duties regarding warehouse distribution workers safety under Minnesota Statutes, |
|---|
| 138 | | - | 4.31section 182.6526. |
|---|
| 139 | | - | 4Sec. 2. |
|---|
| 140 | | - | REVISOR SS H0036-4HF36 FOURTH ENGROSSMENT |
|---|
| 104 | + | REVISOR SS H0036-3HF36 THIRD ENGROSSMENT 4.1commissioner shall open an investigation of violations under this section. The employer |
|---|
| 105 | + | 4.2must also hold its safety committee meetings as provided under section 182.676 monthly |
|---|
| 106 | + | 4.3until, for two consecutive years, the work site or employer does not have an employee |
|---|
| 107 | + | 4.4incidence rate 30 percent higher than the average yearly incidence rate for the relevant |
|---|
| 108 | + | 4.5NAICS code. |
|---|
| 109 | + | 4.6 Subd. 6.Enforcement.(a) Subdivision 2, paragraphs (a) to (c), subdivision 4, and |
|---|
| 110 | + | 4.7subdivision 5 shall be enforced by the commissioner under sections 182.66, 182.661, and |
|---|
| 111 | + | 4.8182.669. A violation of this section is subject to the penalties provided under sections |
|---|
| 112 | + | 4.9182.666 and 182.669. |
|---|
| 113 | + | 4.10 (b) A current or former employee aggrieved by a violation of this section may bring a |
|---|
| 114 | + | 4.11civil cause of action for damages and injunctive relief to obtain compliance with this section, |
|---|
| 115 | + | 4.12may receive other equitable relief as determined by a court, including reinstatement with |
|---|
| 116 | + | 4.13back pay, and may, upon prevailing in the action, recover costs and reasonable attorney |
|---|
| 117 | + | 4.14fees in that action. A cause of action under this section must be commenced within one year |
|---|
| 118 | + | 4.15of the date of the violation. |
|---|
| 119 | + | 4.16 (c) Nothing in this section shall be construed to prevent local enforcement of occupational |
|---|
| 120 | + | 4.17health and safety standards that are more restrictive than this section. |
|---|
| 121 | + | 4.18 Sec. 2. SEVERABILITY. |
|---|
| 122 | + | 4.19 If any provision of this act or the application thereof to any person or circumstance is |
|---|
| 123 | + | 4.20held invalid, the invalidity does not affect other provisions or applications of the act which |
|---|
| 124 | + | 4.21can be given effect without the invalid provision or application. |
|---|
| 125 | + | 4.22 Sec. 3. APPROPRIATION. |
|---|
| 126 | + | 4.23 $115,000 in fiscal year 2024 and $91,000 in fiscal year 2025 are appropriated from the |
|---|
| 127 | + | 4.24workers' compensation fund to the commissioner of labor and industry for enforcement and |
|---|
| 128 | + | 4.25other duties regarding warehouse distribution workers safety under Minnesota Statutes, |
|---|
| 129 | + | 4.26section 182.6526. |
|---|
| 130 | + | 4Sec. 3. |
|---|
| 131 | + | REVISOR SS H0036-3HF36 THIRD ENGROSSMENT |
|---|