Labor standard quota rules established for warehouse distribution centers
The Washington State Department of Labor & Industries (L&I) has adopted rules regarding labor standards for quotas at warehouse distribution centers. The Fraud Prevention and Labor Standard (FPLS) division filed a Permanent Rulemaking CR-103 on May 31.
The new rules will aid L&I as it enforces Second Substitute House Bill 1762 (2SHB 1762) which creates new protections for warehouse distribution center workers who are subject to performance quotas.
FPLS shares responsibility for enforcing 2SHB 1762 with L&I’s Division of Occupational Safety and Health (DOSH), which conducted a separate but coordinated rulemaking.
FPLS’s adopted rules, codified in Chapter 296-136 WAC, clarify the quota labor standards employers must follow and describe how the division will enforce the requirements of 2SHB 1762. The rules are effective July 1.
Under the adopted rules, qualifying employers will have to:
- Provide quota descriptions to employees, including any discipline that could result from failure to meet each quota.
- Ensure quotas allow enough time for:
- Rest breaks.
- Time to travel to break locations.
- Time to perform an activity required by the employer to complete the work subject to a quota.
- Refrain from retaliating or taking other adverse action related to protections under the chapter and rules.
Qualifying employers must also follow the quota safety standards adopted by DOSH. The rules require quotas allow enough time for bathroom breaks and actions necessary for workplace safety, such as accessing safety equipment.
You can review both the FPLS and DOSH quota rules on the warehouse distribution centers rulemaking web page.
If you have questions, send an email to the Employment Standards Program.
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