Effective February 9, 2023, upon execution by Governor Hochul, the New York State Warehouse Worker Protection Act requires New York employers who have at least 100 employees in a single warehouse, or 500 employees statewide, to provide written notice to their employees of any production quotas. Employers subject to the new law also must be sure the quotas reflect employees taking reasonable rest periods and bathroom breaks and must comply with all other local, state, and federal health and safety laws.
Employers subject to the new law would be wise to have all the relevant quota and safety information (including any possible discipline/coaching related to missing quotas) in the job description signed by the employee, in addition to on a separate notice posted where all the other labor and employment law notices are on display. Employers also must notify their employees in writing how the quotas were developed (e.g., long experience, that they are reasonable, industry benchmarking, etc.). While this law was purportedly aimed at Amazon and similar entities, it applies to any company with the requisite number of employees and given that it was premised on data showing increased injuries in workplaces with quotas, Department of Labor enforcement is likely.
If you have any questions regarding this new law, or any other labor or employment law topic, please call Paul F. Keneally at (585) 258-2882 or email Paul here.
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