| 10 | | - | 1.10center except for the purposes of subdivisions 2, 3, and 4, "employee" means a nonexempt |
|---|
| 11 | | - | 1.11employee performing warehouse work occurring on the property of a warehouse distribution |
|---|
| 12 | | - | 1.12center, and does not include a nonexempt employee performing solely manufacturing, |
|---|
| 13 | | - | 1.13administrative, sales, accounting, human resources, or driving work at a warehouse |
|---|
| 14 | | - | 1.14distribution center. |
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| 15 | | - | 1.15 (d) "Work speed data" means information an employer collects, stores, analyzes, or |
|---|
| 16 | | - | 1.16interprets relating to an individual employee's or group of employees' pace of work, including |
|---|
| 17 | | - | 1.17but not limited to quantities of tasks performed, quantities of items or materials handled or |
|---|
| 18 | | - | 1.18produced, rates or speeds of tasks performed, measurements or metrics of employee |
|---|
| 19 | | - | 1.19performance in relation to a quota, and time categorized as performing tasks or not |
|---|
| 20 | | - | 1.20performing tasks."Work speed data" does not include itemized earnings statements pursuant |
|---|
| 21 | | - | 1.21to chapter 181, except for any content of those records that includes work speed data as |
|---|
| 22 | | - | 1.22defined in this paragraph. |
|---|
| 10 | + | 1.10center. |
|---|
| 11 | + | 1.11 (d) "Work speed data" means information an employer collects, stores, analyzes, or |
|---|
| 12 | + | 1.12interprets relating to an individual employee's or group of employees' pace of work, including |
|---|
| 13 | + | 1.13but not limited to quantities of tasks performed, quantities of items or materials handled or |
|---|
| 14 | + | 1.14produced, rates or speeds of tasks performed, measurements or metrics of employee |
|---|
| 15 | + | 1.15performance in relation to a quota, and time categorized as performing tasks or not |
|---|
| 16 | + | 1.16performing tasks. |
|---|
| 17 | + | 1.17 (e) "Employer" means a person who directly or indirectly, or through an agent or any |
|---|
| 18 | + | 1.18other person, including through the services of a third-party employer, temporary service, |
|---|
| 19 | + | 1.19or staffing agency or similar entity, employs or exercises control over the wages, hours, or |
|---|
| 20 | + | 1.20working conditions of 100 or more employees at a single warehouse distribution center or |
|---|
| 21 | + | 1.211,000 or more employees at one or more warehouse distribution centers in the state. For |
|---|
| 22 | + | 1.22purposes of this paragraph, all employees of an employer's unitary business, as that term is |
|---|
| 33 | | - | Comm report: To pass as amended and re-refer to Judiciary and Public Safety322a01/23/2023 |
|---|
| 34 | | - | Comm report: To pass and re-referred to Labor123903/02/2023 |
|---|
| 35 | | - | Comm report: To pass as amended and re-refer to Finance03/15/2023 2.1 (e) "Employer" means a person who directly or indirectly, or through an agent or any |
|---|
| 36 | | - | 2.2other person, including through the services of a third-party employer, temporary service, |
|---|
| 37 | | - | 2.3or staffing agency or similar entity, employs or exercises control over the wages, hours, or |
|---|
| 38 | | - | 2.4working conditions of 250 or more employees at a single warehouse distribution center or |
|---|
| 39 | | - | 2.51,000 or more employees at one or more warehouse distribution centers in the state. For |
|---|
| 40 | | - | 2.6purposes of this paragraph, all employees of an employer's unitary business, as that term is |
|---|
| 41 | | - | 2.7defined in section 290.17, subdivision 4, shall be counted in determining the number of |
|---|
| 42 | | - | 2.8employees employed at a single warehouse distribution center or at one or more warehouse |
|---|
| 43 | | - | 2.9distribution centers in the state. |
|---|
| 44 | | - | 2.10 (f) "Nonexempt employee" means an employee as defined in section 177.23, subdivision |
|---|
| 45 | | - | 2.117. |
|---|
| 46 | | - | 2.12 (g) "Warehouse distribution center" means an establishment as defined by any of the |
|---|
| 47 | | - | 2.13following North American Industry Classification System (NAICS) codes: |
|---|
| 48 | | - | 2.14 (1) 493110 for General Warehousing and Storage; |
|---|
| 49 | | - | 2.15 (2) 423 for Merchant Wholesalers, Durable Goods; |
|---|
| 50 | | - | 2.16 (3) 424 for Merchant Wholesalers, Nondurable Goods; |
|---|
| 51 | | - | 2.17 (4) 454110 for Electronic Shopping and Mail-Order Houses; and |
|---|
| 52 | | - | 2.18 (5) 492110 for Couriers and Express Delivery Services. |
|---|
| 53 | | - | 2.19 (h) "Quota" means a work standard under which: |
|---|
| 54 | | - | 2.20 (1) an employee or group of employees is assigned or required to perform at a specified |
|---|
| 55 | | - | 2.21productivity speed, or perform a quantified number of tasks, or handle or produce a quantified |
|---|
| 56 | | - | 2.22amount of material, or perform without a certain number of errors or defects, as measured |
|---|
| 57 | | - | 2.23at the individual or group level within a defined time period; or |
|---|
| 58 | | - | 2.24 (2) an employee's actions are categorized between time performing tasks and not |
|---|
| 59 | | - | 2.25performing tasks, and the employee's failure to complete a task performance standard or |
|---|
| 60 | | - | 2.26recommendation may have an adverse impact on the employee's continued employment. |
|---|
| 61 | | - | 2.27 Subd. 2.Written description required.(a) Each employer shall provide to each |
|---|
| 62 | | - | 2.28employee a written description of each quota to which the employee is subject and how it |
|---|
| 63 | | - | 2.29is measured, including the quantified number of tasks to be performed or materials to be |
|---|
| 64 | | - | 2.30produced or handled or the limit on time categorized as not performing tasks, within the |
|---|
| 65 | | - | 2.31defined time period, and any potential adverse employment action that could result from |
|---|
| 66 | | - | 2.32failure to meet the quota. |
|---|
| 33 | + | Comm report: To pass as amended and re-refer to Judiciary and Public Safety01/23/2023 2.1defined in section 290.17, subdivision 4, shall be counted in determining the number of |
|---|
| 34 | + | 2.2employees employed at a single warehouse distribution center or at one or more warehouse |
|---|
| 35 | + | 2.3distribution centers in the state. |
|---|
| 36 | + | 2.4 (f) "Warehouse distribution center" means an establishment as defined by any of the |
|---|
| 37 | + | 2.5following North American Industry Classification System (NAICS) codes: |
|---|
| 38 | + | 2.6 (1) 493110 for General Warehousing and Storage; |
|---|
| 39 | + | 2.7 (2) 423 for Merchant Wholesalers, Durable Goods; |
|---|
| 40 | + | 2.8 (3) 424 for Merchant Wholesalers, Nondurable Goods; |
|---|
| 41 | + | 2.9 (4) 454110 for Electronic Shopping and Mail-Order Houses; and |
|---|
| 42 | + | 2.10 (5) 492110 for Couriers and Express Delivery Services. |
|---|
| 43 | + | 2.11 (g) "Quota" means a work standard under which: |
|---|
| 44 | + | 2.12 (1) an employee or group of employees is assigned or required to perform at a specified |
|---|
| 45 | + | 2.13productivity speed, or perform a quantified number of tasks, or handle or produce a quantified |
|---|
| 46 | + | 2.14amount of material, or perform without a certain number of errors or defects, as measured |
|---|
| 47 | + | 2.15at the individual or group level within a defined time period; or |
|---|
| 48 | + | 2.16 (2) an employee's actions are categorized between time performing tasks and not |
|---|
| 49 | + | 2.17performing tasks, and the employee's failure to complete a task performance standard or |
|---|
| 50 | + | 2.18recommendation may have an adverse impact on the employee's continued employment. |
|---|
| 51 | + | 2.19 Subd. 2.Written description required.(a) Each employer shall provide to each |
|---|
| 52 | + | 2.20employee a written description of each quota to which the employee is subject and how it |
|---|
| 53 | + | 2.21is measured, including the quantified number of tasks to be performed or materials to be |
|---|
| 54 | + | 2.22produced or handled or the limit on time categorized as not performing tasks, within the |
|---|
| 55 | + | 2.23defined time period, and any potential adverse employment action that could result from |
|---|
| 56 | + | 2.24failure to meet the quota. |
|---|
| 57 | + | 2.25 (b) The written description must be understandable in plain language and in the |
|---|
| 58 | + | 2.26employee's language of preference. |
|---|
| 59 | + | 2.27 (c) The written description must be provided: |
|---|
| 60 | + | 2.28 (1) upon hire or within 30 days of the effective date of this section; and |
|---|
| 61 | + | 2.29 (2) no fewer than two working days prior to the effective date of any modification of |
|---|
| 62 | + | 2.30existing quotas. |
|---|
| 68 | | - | S0058-2 2nd EngrossmentSF58 REVISOR SS 3.1 (b) The written description must be understandable in plain language and in the |
|---|
| 69 | | - | 3.2employee's language of preference. |
|---|
| 70 | | - | 3.3 (c) The written description must be provided: |
|---|
| 71 | | - | 3.4 (1) upon hire or within 30 days of the effective date of this section; and |
|---|
| 72 | | - | 3.5 (2) no fewer than two working days prior to the effective date of any modification of |
|---|
| 73 | | - | 3.6existing quotas. |
|---|
| 74 | | - | 3.7 (d) An employer shall not take adverse employment action against an employee for |
|---|
| 75 | | - | 3.8failure to meet a quota that has not been disclosed to the employee. |
|---|
| 76 | | - | 3.9 Subd. 3.Breaks.An employee shall not be required to meet a quota that prevents |
|---|
| 77 | | - | 3.10compliance with meal or rest or prayer periods, use of restroom facilities, including |
|---|
| 78 | | - | 3.11reasonable travel time to and from restroom facilities as provided under section 177.253, |
|---|
| 79 | | - | 3.12subdivision 1, or occupational health and safety standards under this chapter or Minnesota |
|---|
| 80 | | - | 3.13Rules, chapter 5205. An employer shall not take adverse employment action against an |
|---|
| 81 | | - | 3.14employee for failure to meet a quota that does not allow a worker to comply with meal or |
|---|
| 82 | | - | 3.15rest or prayer periods, or occupational health and safety standards under this chapter. |
|---|
| 83 | | - | 3.16 Subd. 4.Work speed data.(a) Employees have the right to request orally or in writing |
|---|
| 84 | | - | 3.17from any supervisor, and the employer shall provide within 72 hours: (1) a written description |
|---|
| 85 | | - | 3.18of each quota to which the employee is subject; (2) a copy of the most recent 90 days of the |
|---|
| 86 | | - | 3.19employee's own personal work speed data; and (3) a copy of the prior six months of |
|---|
| 87 | | - | 3.20aggregated work speed data for similar employees at the same work site. |
|---|
| 88 | | - | 3.21The written description of each quota must meet the requirements of subdivision 2, paragraph |
|---|
| 89 | | - | 3.22(b), and the work speed data must be provided in a manner understandable to the employee. |
|---|
| 90 | | - | 3.23An employee may make a request under this paragraph no more than four times per year. |
|---|
| 91 | | - | 3.24 (b) If an employer disciplines an employee for failure to meet a quota, the employer |
|---|
| 92 | | - | 3.25must, at the time of discipline, provide the employee with a written copy of the most recent |
|---|
| 93 | | - | 3.2690 days of the employee's own personal work speed data. If an employer dismisses an |
|---|
| 94 | | - | 3.27employee for any reason, they must, at the time of firing, provide the employee with a |
|---|
| 95 | | - | 3.28written copy of the most recent 90 days of the employee's own personal work speed data. |
|---|
| 96 | | - | 3.29An employer shall not retaliate against an employee for requesting data under this |
|---|
| 97 | | - | 3.30subdivision. |
|---|
| 98 | | - | 3.31 Subd. 5.High rates of injury.If a particular work site or employer is found to have an |
|---|
| 99 | | - | 3.32employee incidence rate in a given year, based on data reported to the federal Occupational |
|---|
| 100 | | - | 3.33Safety and Health Administration, of at least 30 percent higher than that year's average |
|---|
| 64 | + | S0058-1 1st EngrossmentSF58 REVISOR SS 3.1 (d) An employer shall not take adverse employment action against an employee for |
|---|
| 65 | + | 3.2failure to meet a quota that has not been disclosed to the employee. |
|---|
| 66 | + | 3.3 Subd. 3.Breaks.An employee shall not be required to meet a quota that prevents |
|---|
| 67 | + | 3.4compliance with meal or rest or prayer periods, use of restroom facilities, including |
|---|
| 68 | + | 3.5reasonable travel time to and from restroom facilities as provided under section 177.253, |
|---|
| 69 | + | 3.6subdivision 1, or occupational health and safety standards under this chapter or Minnesota |
|---|
| 70 | + | 3.7Rules, chapter 5205. An employer shall not take adverse employment action against an |
|---|
| 71 | + | 3.8employee for failure to meet a quota that does not allow a worker to comply with meal or |
|---|
| 72 | + | 3.9rest or prayer periods, or occupational health and safety standards under this chapter. |
|---|
| 73 | + | 3.10 Subd. 4.Work speed data.(a) Employees have the right to request orally or in writing |
|---|
| 74 | + | 3.11from any supervisor, and the employer shall provide within 72 hours: (1) a written description |
|---|
| 75 | + | 3.12of each quota to which the employee is subject; (2) a copy of the most recent 90 days of the |
|---|
| 76 | + | 3.13employee's own personal work speed data; and (3) a copy of the prior six months of |
|---|
| 77 | + | 3.14aggregated work speed data for similar employees at the same work site. |
|---|
| 78 | + | 3.15The written description of each quota must meet the requirements of subdivision 2, paragraph |
|---|
| 79 | + | 3.16(b), and the work speed data must be provided in a manner understandable to the employee. |
|---|
| 80 | + | 3.17An employee may make a request under this paragraph no more than four times per year. |
|---|
| 81 | + | 3.18 (b) If an employer disciplines an employee for failure to meet a quota, the employer |
|---|
| 82 | + | 3.19must, at the time of discipline, provide the employee with a written copy of the most recent |
|---|
| 83 | + | 3.2090 days of the employee's own personal work speed data. If an employer dismisses an |
|---|
| 84 | + | 3.21employee for any reason, they must, at the time of firing, provide the employee with a |
|---|
| 85 | + | 3.22written copy of the most recent 90 days of the employee's own personal work speed data. |
|---|
| 86 | + | 3.23An employer shall not retaliate against an employee for requesting data under this |
|---|
| 87 | + | 3.24subdivision. |
|---|
| 88 | + | 3.25 Subd. 5.High rates of injury.If a particular work site or employer is found to have an |
|---|
| 89 | + | 3.26employee incidence rate in a given year, based on data reported to the federal Occupational |
|---|
| 90 | + | 3.27Safety and Health Administration, of at least 30 percent higher than that year's average |
|---|
| 91 | + | 3.28incidence rate for the relevant NAICS code's nonfatal occupational injuries and illnesses |
|---|
| 92 | + | 3.29by industry and case types, released by the United States Bureau of Labor Statistics, the |
|---|
| 93 | + | 3.30commissioner shall open an investigation of violations under this section. The employer |
|---|
| 94 | + | 3.31must also hold its safety committee meetings as provided under section 182.676 monthly |
|---|
| 95 | + | 3.32until, for two consecutive years, the work site or employer does not have an employee |
|---|
| 96 | + | 3.33incidence rate 30 percent higher than the average yearly incidence rate for the relevant |
|---|
| 97 | + | 3.34NAICS code. |
|---|
| 102 | | - | S0058-2 2nd EngrossmentSF58 REVISOR SS 4.1incidence rate for the relevant NAICS code's nonfatal occupational injuries and illnesses |
|---|
| 103 | | - | 4.2by industry and case types, released by the United States Bureau of Labor Statistics, the |
|---|
| 104 | | - | 4.3commissioner shall open an investigation of violations under this section. The employer |
|---|
| 105 | | - | 4.4must also hold its safety committee meetings as provided under section 182.676 monthly |
|---|
| 106 | | - | 4.5until, for two consecutive years, the work site or employer does not have an employee |
|---|
| 107 | | - | 4.6incidence rate 30 percent higher than the average yearly incidence rate for the relevant |
|---|
| 108 | | - | 4.7NAICS code. |
|---|
| 109 | | - | 4.8 Subd. 6.Enforcement.(a) Subdivision 2, paragraphs (a) to (c), subdivision 4, and |
|---|
| 110 | | - | 4.9subdivision 5 shall be enforced by the commissioner under sections 182.66, 182.661, and |
|---|
| 111 | | - | 4.10182.669. A violation of this section is subject to the penalties provided under sections |
|---|
| 112 | | - | 4.11182.666 and 182.669. |
|---|
| 113 | | - | 4.12 (b) A current or former employee aggrieved by a violation of this section may bring a |
|---|
| 114 | | - | 4.13civil cause of action for damages and injunctive relief to obtain compliance with this section, |
|---|
| 115 | | - | 4.14may receive other equitable relief as determined by a court, including reinstatement with |
|---|
| 116 | | - | 4.15back pay, and may, upon prevailing in the action, recover costs and reasonable attorney |
|---|
| 117 | | - | 4.16fees in that action. A cause of action under this section must be commenced within one year |
|---|
| 118 | | - | 4.17of the date of the violation. |
|---|
| 119 | | - | 4.18 (c) Nothing in this section shall be construed to prevent local enforcement of occupational |
|---|
| 120 | | - | 4.19health and safety standards that are more restrictive than this section. |
|---|
| 121 | | - | 4.20 Sec. 2. APPROPRIATION. |
|---|
| 122 | | - | 4.21 $240,000 in fiscal year 2024 and $218,000 in fiscal year 2025 are appropriated from the |
|---|
| 123 | | - | 4.22workers' compensation fund to the commissioner of labor and industry for enforcement and |
|---|
| 124 | | - | 4.23other duties regarding warehouse distribution workers safety under Minnesota Statutes, |
|---|
| 125 | | - | 4.24section 182.6526. |
|---|
| 126 | | - | 4Sec. 2. |
|---|
| 127 | | - | S0058-2 2nd EngrossmentSF58 REVISOR SS |
|---|
| 99 | + | S0058-1 1st EngrossmentSF58 REVISOR SS 4.1 Subd. 6.Enforcement.(a) Subdivision 2, paragraphs (a) to (c), subdivision 4, and |
|---|
| 100 | + | 4.2subdivision 5 shall be enforced by the commissioner under sections 182.66, 182.661, and |
|---|
| 101 | + | 4.3182.669. A violation of this section is subject to the penalties provided under sections |
|---|
| 102 | + | 4.4182.666 and 182.669. |
|---|
| 103 | + | 4.5 (b) A current or former employee aggrieved by a violation of this section may bring a |
|---|
| 104 | + | 4.6civil cause of action for damages and injunctive relief to obtain compliance with this section, |
|---|
| 105 | + | 4.7may receive other equitable relief as determined by a court, including reinstatement with |
|---|
| 106 | + | 4.8back pay, and may, upon prevailing in the action, recover costs and reasonable attorney |
|---|
| 107 | + | 4.9fees in that action. A cause of action under this section must be commenced within one year |
|---|
| 108 | + | 4.10of the date of injury. |
|---|
| 109 | + | 4.11 (c) Nothing in this section shall be construed to prevent local enforcement of occupational |
|---|
| 110 | + | 4.12health and safety standards that are more restrictive than this section. |
|---|
| 111 | + | 4.13 Sec. 2. SEVERABILITY. |
|---|
| 112 | + | 4.14 If any provision of this act or the application thereof to any person or circumstance is |
|---|
| 113 | + | 4.15held invalid, the invalidity does not affect other provisions or applications of the act which |
|---|
| 114 | + | 4.16can be given effect without the invalid provision or application. |
|---|
| 115 | + | 4.17 Sec. 3. APPROPRIATION. |
|---|
| 116 | + | 4.18 $240,000 in fiscal year 2024 and $218,000 in fiscal year 2025 are appropriated from the |
|---|
| 117 | + | 4.19workers' compensation fund to the commissioner of labor and industry for enforcement and |
|---|
| 118 | + | 4.20other duties regarding warehouse distribution workers safety under Minnesota Statutes, |
|---|
| 119 | + | 4.21section 182.6526. |
|---|
| 120 | + | 4Sec. 3. |
|---|
| 121 | + | S0058-1 1st EngrossmentSF58 REVISOR SS |
|---|