New California Warehouse Quota Law
This week, the governor of California signed into law AB 701, which is aimed at warehouse distribution centers located within the state. This new law is aimed specifically at quotas that employees of these distribution centers may be required to meet, and it has the potential to impact many large employers throughout California. If you are employed by a warehouse distribution center and believe that your rights have been violated on the job, talk to an experienced California employment law attorney near you today.
What is Covered Under the New Law?
Beginning on January 1, 2022, any employer that operates a warehouse distribution center will be required to provide, in writing, a description of all quotas that a nonexempt employee is subject to that includes the following elements:
- The number of tasks to be performed,
- The materials produced or handled, and
- Any adverse employment action that may occur if the quota is not met.
These disclosures must be provided at the time of hiring a new employee or within 30 days of January 1, 2022, for current employees.
In addition to providing written descriptions of quotas to employees, the new law also places restrictions on the quotas provided. An employer of a warehouse distribution center is not allowed to set quotas that prevent employees from taking meal or rest breaks, from using the bathroom facilities, or that results in violations of health and safety laws. Employers are not allowed to take any adverse employment action against an employee that does not meet a quota that violates these restrictions.
Current and former employees of a warehouse distribution center are also allowed under the new law to request, in writing, each applicable quota and their own work speed data from the previous 90 days if the employee believes that the quota set resulted in a violation of their meal or rest break rights, or any other health and safety regulation. If an employer makes an adverse employment action against an employee that requests this information within 90 days, a presumption exists that the act was retaliatory in nature, and the employer will be required to prove that it was not if a claim is filed against them.
Impact on California Workers
One of the biggest employers that this new law will impact is Amazon, but there are many other warehouse distribution centers located throughout California. The purpose of this law is to ensure working conditions within these places of employment that continue to meet legal state and federal standards as well as to provide mechanisms of redress for employees who are subjected to impossible quotas on the job. If you believe that your employer is violating your meal and rest break time, or any other health and safety regulation with impossible quotas, an experienced California employment lawyer may be able to help. Call the office or contact an attorney in your area today to schedule an appointment and learn more about your legal options.