HB16: HB16 Labor and industrial relations; protections for warehouse distribution center workers; provide

25 LC 52 0576 House Bill 16 By: Representatives Schofield of the 63rd, McClain of the 109th, Scott of the 76th, Davis of the 87th, and Glaize of the 67th A BILL TO BE ENTITLED AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial1 relations, so as to provide protections for warehouse distribution center workers; to provide2 for a short title; to provide for definitions; to require a cov ered employer to provide to a3 covered employee in a warehouse distribution center a written description of any quota or4 workplace surveillance; to prohibit unlawful quotas; to provide for paid break time for rest;5 to provide for appropriate training; to limit the collection and use of employee work speed6 data; to provide for record retention and cooperation with the Department of Labor; to7 provide for a right to request records; to provide for notice; to prohibit unlawful retaliation;8 to provide for a complaints process; to provide for enforcement ; to provide for a private9 cause of action; to provide for rules and regulations; to provide for assessments and appeals;10 to provide for related matters; to provide for an effective date; to repeal conflicting laws; and11 for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,15 is amended by revising Chapter 11, which is designated as reserved, as follows:16 H. B. 16 - 1 - 25 LC 52 0576 "CHAPTER 1117 34-11-1.18 This chapter shall be known and may be cited as the 'Warehouse Worker Protection Act.' 19 Reserved.20 34-11-2.21 As used in this chapter, the term:22 (1) 'Adverse employment action' means a change by the covered employer in the23 compensation, terms, conditions, or privileges of the job of the covered employee that,24 from the perspective of a reasonable person, puts the covered employee in a materially25 adverse position than prior to the change, including termination, a reduction in benefits,26 disciplinary action, demotion, promotion, transfer, imposition of a work schedule more27 burdensome to the covered employee, reduction of scheduled hours, adjustment in ability28 for promotion, or other modifications to compensation, terms, conditions, or privileges29 of employment.30 (2) 'Commissioner' means the Commissioner of Labor.31 (3) 'Covered employee' means an individual who is employed by a covered employer for32 the performance of work at a warehouse distribution center and is subject to a quota while33 performing work at such center.34 (4) 'Covered employer' means a person that is engaged in commerce, in the production35 of goods for commerce, or in an enterprise engaged in commerce or in the production of36 goods for commerce, including a contractor, subcontractor, temp orary service firm,37 staffing agency, independent contractor, employee leasing entit y, or similar entity and38 that employs a covered employee for the performance of work at a warehouse distribution39 center.40 H. B. 16 - 2 - 25 LC 52 0576 (5) 'Defined time period' means any unit of time measurement equal to or less than one41 day, including hours, minutes, and seconds and any fraction thereof.42 (6) 'Department' means the Department of Labor.43 (7) 'Designated employee representative' means any representat ive designated by a44 covered employee, including but not limited to an employee repr esentative that has a45 collective bargaining relationship with the covered employer of the covered employee.46 (8) 'Employee work speed data' means information a covered employer collects, stores,47 analyzes, or interprets relating to the performance of work by a covered employee of the48 covered employer for a quota, including information with respec t to the following49 criteria:50 (A) Quantities of tasks performed by the covered employee;51 (B) Quantities of items or materials handled or produced by the covered employee;52 (C) Rates or speeds of tasks performed by the covered employee;53 (D) Measurements or metrics of covered employee performance in relation to a quota;54 or55 (E) Time categorized with respect to the covered employee as performing tasks or not56 performing tasks.57 (9) 'Quota' means an express or implied performance standard o r performance target,58 including such a standard or target used to rank or compare a c overed employee in59 relation to the performance of another covered employee or in r elation to the past60 performance of the covered employee, where:61 (A) A covered employee is actually or effectively assigned, re quired, or expected62 within a defined time period, with or without any reasonable accommodation provided63 under federal, state, or local law, to perform a quantified num ber of tasks or at a64 specified productivity speed or handle or produce a quantified amount of material65 without a certain number of errors or defects, and such assignm ent, requirement, or66 H. B. 16 - 3 - 25 LC 52 0576 expectation is measured at the individual or group level for such defined time period;67 or68 (B) A covered employer categorizes, measures, records, or tallies the time a covered69 employee is performing and not performing tasks within a define d time period or70 increments of time within a defined time period.71 (10) 'Warehouse distribution center' means an establishment in Georgia as defined by72 any of the following North American Industry Classification System Codes in effect on73 January 1, 2025: 493, for warehousing and storage; 423, for me rchant wholesalers,74 durable goods; 424, for merchant wholesalers, nondurable goods; 454110, for electronic75 shopping and mail-order houses; and 492110, for couriers and express delivery services.76 (11) 'Workplace surveillance' means any surveillance by a covered employer, whether77 on duty or off duty, with respect to a covered employee, includ ing the detection,78 monitoring, interception, collection, exploitation, preservation, protection, transmission,79 or retention of data concerning activities or communications with respect to the covered80 employee, including through the use of a product or service marketed, or that can be used,81 for such purposes, such as a computer, telephone, wire, radio, camera, sensor,82 electromagnetic, photoelectronic, handheld or wearable device, or photo-optical system.83 34-11-3.84 (a) A covered employer shall provide to each covered employee a written description of85 each quota to which each covered employee is subject, including but not limited to:86 (1) The quantified number of tasks to be performed or material s to be produced or87 handled or other performance measures within the defined time period for the quota;88 (2) Any potential discipline or adverse employment action that could result from failure89 to meet the quota;90 (3) How performance targets or performance standards for the quota are calculated;91 H. B. 16 - 4 - 25 LC 52 0576 (4) Whether there is any incentive or bonus program associated with meeting or92 exceeding the quota and, if applicable, how the incentive or bonus program operates; and93 (5) How the quota is monitored, including a description of what employee work speed94 data are being collected; how the employee work speed data are being collected,95 including a description of any workplace surveillance technolog y used on the covered96 employee by the covered employer; where and when the employee work speed data are97 being collected; the frequency of the collection; where the storage of the employee work98 speed data is located; the business purposes for which the employee work speed data are99 being used; and the identity of any third party used for such workplace surveillance, to100 which data from such workplace surveillance is transferred, and from which data of the101 covered employee is or may be purchased or acquired.102 (b) A covered employer shall provide the written description required under subsection (a)103 of this Code section as follows:104 (1) To a covered employee upon hire;105 (2) To all covered employees no later than July 1, 2025;106 (3) To a covered employee not less than two days prior to a ch ange that results in a107 different quota than the most recent written description provid ed to the covered108 employee; and109 (4) To a covered employee prior to and when a covered employer takes an adverse110 employment action against the covered employee in whole or in part for failure to meet111 a quota.112 (c) The written description required under this Code section s hall be understandable, in113 plain language, and either in the covered employee's preferred language or in the language114 the covered employer regularly uses to communicate with the covered employee.115 34-11-4.116 (a) A covered employer shall not require a covered employee to meet a quota that:117 H. B. 16 - 5 - 25 LC 52 0576 (1) Prevents compliance with any meal breaks, rest periods, or other breaks required by118 federal, state, or local law; compliance with health and safety provisions required by119 federal, state, or local law; the use of bathroom facilities, including reasonable travel time120 to and from bathroom facilities; or compliance with a covered e mployee's right to121 reasonable accommodations or nondiscrimination as required by federal, state, or local122 law;123 (2) Measures the total output or performance for the covered e mployee over an124 increment of time that is shorter than one day or measures and evaluates the output or125 performance of a covered employee during any paid or unpaid break to which the covered126 employee is entitled;127 (3) Is based solely on ranking the performance of the covered employee in relation to the128 performance of another covered employee or in relation to the past performance of that129 covered employee; or130 (4) Is based on continuously measuring, recording, or tallying increments of time within131 a defined time period during which a covered employee is or is not doing a particular132 activity.133 (b) A covered employer shall not take an adverse employment ac tion against a covered134 employee for failure to meet a quota that violates subsection (a) of this Code section or for135 failure to meet a quota for which the covered employee did not receive the written136 description required under Code Section 34-11-3.137 34-11-5.138 (a) A covered employer shall provide to each covered employee not less than one 15139 minute paid break time every four hours of work, to be paid at the regular rate at which the140 covered employee is employed.141 (b) A covered employer shall not retaliate against a covered employee for requesting or142 taking the paid break time provided for in subsection (a) of this Code section.143 H. B. 16 - 6 - 25 LC 52 0576 (c) A covered employer shall provide information or training to all covered employees on144 the following:145 (1) The name of each individual on the covered employer's safety committee;146 (2) The warehouse distribution center's ergonomic program;147 (3) The early signs and symptoms of musculoskeletal injuries an d the procedures for148 reporting them;149 (4) The procedures for reporting injuries, incidents, and other hazards; and150 (5) Any requirements the Commissioner provides by rule.151 (d) The training in subsection (c) of this Code section shall be provided to a new hire prior152 to starting work and to covered employees no later than July 1, 2025, and as such training153 is updated but not less than annually thereafter.154 34-11-6.155 (a) A covered employer shall not collect, use, maintain, or tr ansfer data regarding a156 covered employee to establish, maintain, or use employee work s peed data except as157 strictly necessary to monitor the compliance of the covered employee with a quota.158 (b) A covered employer shall not disclose any information coll ected on a covered159 employee with respect to a quota to any other covered employee except as strictly160 necessary to fulfill a specific and reasonable business rationale of the covered employer.161 34-11-7.162 (a) A covered employer shall establish, maintain, and preserve contemporaneous, true, and163 accurate records of the following:164 (1) The employee work speed data for each covered employee;165 (2) The aggregate employee work speed data for covered employe es at the same166 warehouse distribution center; and167 (3) The written descriptions of the quotas a covered employee was provided.168 H. B. 16 - 7 - 25 LC 52 0576 (b) The records provided for in subsection (a) of this Code section shall be maintained and169 preserved throughout the duration of each covered employee's period of employment and170 shall be made available to the Commissioner upon request.171 (c) The records provided for in subsection (a) of this Code se ction relating to the172 six-month period prior to the date of the covered employee's separation shall be preserved173 for at least three years subsequent to the date of such employee's separation and shall be174 made available to the Commissioner upon request.175 (d) A covered employer shall enable a covered employee to supp lement the employee176 work speed data for the covered employee by recording any reason the covered employee177 provides for any defined time period during which the covered e mployee was not178 performing work related tasks.179 (e) A covered employer shall enable a covered employee to review and request correction180 of the employee work speed data for such employee, and a covere d employer shall181 investigate and determine whether the employee work speed data for such employee is182 inaccurate. A covered employer shall promptly correct any inac curate data, notify the183 covered employee of the determination and correction, review an d adjust any adverse184 employment action that was partially or solely based on the inaccurate data, and notify the185 covered employee of the adjustment.186 (f) Nothing in this Code section shall require a covered employer to keep records provided187 for in this Code section if such employer does not use quotas or monitor employee work188 speed data.189 34-11-8.190 (a) A current covered employee has the right to request a written description of each quota191 to which the covered employee is subject, a copy of the employee work speed data for the192 covered employee, and a copy of the prior six months of aggregate employee work speed193 data for similar employees at the same warehouse distribution center.194 H. B. 16 - 8 - 25 LC 52 0576 (b) A former covered employee has the right to request within three years subsequent to195 the date of separation from a covered employer a written description of the quota for the196 covered employee at the date of separation, a copy of the employee work speed data for the197 covered employee the six months prior to the date of separation, and a copy of aggregate198 employee work speed data for similar employees at the same warehouse distribution center199 for the six months prior to the date of separation.200 (c) The records requested pursuant to this Code section shall be provided at no cost to the201 current or former covered employee.202 (d) A covered employer shall provide any records requested pursuant to this Code section203 as soon as practicable, provided that the requested written descriptions of the quota shall204 be provided no later than two business days following the date of the receipt of the request205 and the requested personal work speed data and aggregated work speed data shall be206 provided no later than seven business days following the date of the receipt of the request.207 (e) Any records provided under this Code section shall be unde rstandable, in plain208 language, and either in the covered employee's preferred language or in the language the209 covered employer regularly uses to communicate with such covered employee.210 (f) Nothing in this Code section shall require a covered employer to use quotas or monitor211 employee work speed data or to provide such information if such employer does not212 otherwise use quotas or monitor such information.213 34-11-9.214 (a) No later than July 1, 2025, and upon hire, a covered emplo yer shall provide written215 notice regarding the rights of covered employees under this cha pter to each covered216 employee.217 (b) No later than July 1, 2025, a covered employer shall displ ay a notice regarding the218 rights of covered employees under this chapter in a conspicuous and accessible location in219 the warehouse distribution center of the covered employer.220 H. B. 16 - 9 - 25 LC 52 0576 (c) The notices required under this Code section shall be unde rstandable, in plain221 language, and either in the covered employee's preferred language or in the language the222 covered employer regularly uses to communicate with such covered employee.223 (d) The Commissioner shall provide for the design and content of the notices by rule.224 34-11-10.225 (a) A covered employer shall not discharge, retaliate, discrim inate, or take an adverse226 employment action against a covered employee for exercising or for being perceived as227 exercising a right conferred under this chapter.228 (b) A covered employer shall not prevent a covered employee fr om exercising a right229 under this chapter or take an action that might reasonably deter a covered employee from230 asserting a right conferred under this chapter.231 (c) The protections provided under this Code section shall apply to any covered employee232 who mistakenly but in good faith alleges a violation under this chapter. A complaint or233 other communication by a covered employee may be the exercise of a protected right under234 this Code section regardless of whether the complaint or commun ication is in writing or235 makes explicit reference to anything in this chapter.236 (d) If a covered employer takes an adverse employment action against a covered employee237 within 90 days of the covered employee engaging or attempting to engage in a protected238 activity, such action shall establish a rebuttable presumption that the action is an adverse239 employment action in violation of this Code section. Such presumption may be rebutted240 by clear and convincing evidence that the covered employer took such action for other241 permissible reasons and was not motivated by the covered employ ee's engaging or242 attempting to engage in a protected activity.243 H. B. 16 - 10 - 25 LC 52 0576 34-11-11.244 (a) No later than July 1, 2025, the Commissioner shall impleme nt and maintain a245 streamlined process for accepting, evaluating, and responding t o complaints regarding246 violations of this chapter. Such process shall be posted on th e department's website in a247 prominent location.248 (b) Any covered employee or his or her designated employee representative may file with249 the department a complaint alleging a violation of this chapter and requesting an250 investigation of such complaint. The department shall not investigate an alleged violation251 that occurred more than three years before the date that the complaint was filed. After an252 investigation, the Commissioner shall issue either a citation and notice of assessment or a253 determination of compliance to the covered employee and the covered employer detailing254 such finding.255 (c) The department may request a covered employer perform a self-audit of records or may256 initiate an examination without a complaint to ensure compliance with this chapter. When257 the examination is made by an examiner who is not a regular employee of the department,258 the person examined shall pay the reasonable charges for such services. After review of259 documentation from a self-audit or an examination, the Commissioner shall issue either a260 citation and notice of assessment or a determination of compliance to the covered employer261 detailing such finding.262 (d)(1) An individual or his or her designated employee represe ntative may institute a263 civil action in superior court within three years of an alleged violation. To prevail, the264 claimant must establish by a preponderance of the evidence that the protected action was265 a motivating factor for retaliation.266 (2) In any action brought pursuant to this subsection, the court may order any or all of267 the following relief in favor of the prevailing claimant:268 (A) An injunction restraining the continued violation;269 H. B. 16 - 11 - 25 LC 52 0576 (B) Reinstatement of the claimant to the same or equivalent po sition held before the270 retaliation;271 (C) Reinstatement of full fringe benefits and seniority rights;272 (D) Compensation for lost wages, benefits, and other remuneration;273 (E) Any other relief allowable by law; and274 (F) Reasonable attorney's fees, court costs, and expenses.275 34-11-12.276 (a) The Commissioner shall promulgate rules and regulations necessary to implement the277 provisions of this chapter and shall be authorized to enforce the provisions of this chapter278 and to assess civil penalties, in compliance with the requirements of Chapter 13 of Title 50,279 the 'Georgia Administrative Procedure Act.'280 (b) The Commissioner shall have the authority to impose an assessment of up to $2,000.00281 for each and every act in violation of this chapter or the rules, regulations, or orders of the282 Commissioner, unless the Commissioner designates an act as a serious, willful, or repeated283 violation, in which case the assessment imposed may be increase d to an amount up to284 $5,000.00 for each and every act in violation.285 (c) Any person aggrieved by an order or an act of the Commissi oner under this chapter286 may, within 15 days of notice thereof, request a hearing before an administrative law judge287 of the Office of State Administrative Hearings, pursuant to Cha pter 13 of Title 50, the288 'Georgia Administrative Procedure Act.'289 (d) It shall be the duty of the Attorney General and the district attorneys of their respective290 judicial circuits, upon request of the Commissioner or any of h is or her authorized291 representatives, to prosecute any violation of the law which is made the duty of the292 Commissioner to enforce."293 H. B. 16 - 12 - 25 LC 52 0576 SECTION 2.294 This Act shall become effective upon its approval by the Governor or upon its becoming law295 without such approval.296 SECTION 3.297 All laws and parts of laws in conflict with this Act are repealed.298 H. B. 16 - 13 -