CALIFORNIA ILLEGAL WAREHOUSE QUOTA LAW

In California, there are rules pertaining to warehouse quotas if the employer directly or indirectly employs 100 or more employees at a single warehouse distribution center, or more than 1,000 employees at one or more warehouse distribution centers in California. Indirectly employing means temporary agencies and the companies using the warehouse workers from the temporary agencies cannot get out of this law. Farm warehouses and storage are not part of this law. Thus, not every warehouse employer is covered by this law. The source of this law starts in California Labor Code Section 2100.

CALL 951-367-1000 IF YOU WERE FIRED FOR COMPLAINING ABOUT A QUOTA

The warehouse quota law applies to both persons moving materials and boxes by hand, pallet, forklift and also those on a conveyor belt type operations. The quotas legislated by this law relate to specific numbers of packages, boxes, or pallets that must be processed or moved in a certain amount of time including on a conveyor belt. Broad quotas such as all items in x area must be cleared, or all items from the conveyor belt must be cleared in x amount of time may implicate the protections of this law. The quotas at issue, in this law, are quotas for which failing to meet would result in an adverse consequence to the employee. Adverse consequences include writeups, discipline of any kind, job terminations, and most likely include the failure to earn a certain amount of pay. However, that is tricky question you should consult an experienced employee lawyer on.

WAREHOUSE QUOTAS ARE ILLEGAL IF THEY PREVENT MEAL OR REST BREAKS

If the employer’s quota makes it impossible to take a 10 minute rest break before and after an uninterrupted 30 minute meal break, the quota has caused a violation of rest break laws. Similarly, if the quota prevents an uninterrupted 30 minute meal break the quota has caused a meal break penalty. Preventing an employee from using the bathroom due to a quota is also a violation.

The purpose of the quota law is not to prevent warehouses from instituting or maintaining work quotas. Warehouse work quotas are not per se illegal in California. Rather, the purpose of the law is first, for employees to be provided with notice of the quotas and how they work. It is unfair to subject warehouse employees to quotas they are unaware of. Second, the quotas cannot create health and safety violations, or prevent employees from taking meal breaks, rest breaks, or using the bathroom. Other health and safety violations might include employees moving around so quickly they are likely to sustain a work injury. In the years leading up to the enactment of this law, higher rates of workplace injuries occurred in warehouses with quota systems. One of the effects of this law might be to reduce quotas that are likely to lead to work accidents.

WAREHOUSE QUOTAS & EMPLOYEE PERFORMANCE UNDER THE QUOTA MUST BE PROVIDED TO THE EMPLOYEE

Employers are required to provide information about quotas, in a written form, when employees are hired or when new quotas come into existence. The manner in which the quota must be performed must be described. For example, the number of tasks to be performed or materials that must be produced or handled within a time period, and any potential adverse employment action that could result from failing to meet the quota must be mentioned in writing.

If an employer does not comply with an employee’s written request for written descriptions of quotas and their personal-work-speed record, an employee can file an individual wage claim for penalties under Labor Code section 1198.5. The employee’s request must be in writing and the employer must provide the records within 30 days per Labor Code Section 1198.5. A violation will subject the employer to a $750 penalty.

If a current employee believes that meeting a quota prevented them from exercising their rights to a meal period or rest period, or from exercising their rights regarding occupational health and safety standards, they may request a written description of the quotas they are subject to and a copy of their most recent 90 days of their personal-work-speed data. The employer must provide the information within 21 days. An employer that does not monitor work-speed data need not to do this.

If a former employee believes that meeting a quota prevented them from exercising their rights to a meal period or rest period, or from complying with occupational health and safety standards, they may request a written description of the quotas they were subject to and a copy of the most recent 90 days of their personal-work-speed data before separation. The employer must provide the information within 21 days. An employer that does not monitor work-speed data need not provide it. A former employee is limited to one request.

CALL 951-367-1000 IF YOU BELIEVE THE WAREHOUSE QUOTA LAW WAS VIOLATED

PENALTIES FOR EMPLOYERS NOT COMPLYING WITH THE WAREHOUSE QUOTA LAW

Employees cannot be fired or retalitaed against for requesting information, complaining about quotas, or failing to meet undisclosed quotas. For example, a complaint that bathroom use is difficult due to the quota and then a job termination due to the complaint could be wrongful termination.

Likewise, an employee cannot be retaliated against for requesting information about quotas, complaining about the impact of a quota on their ability to take meal or rest breaks or bathroom breaks, or from exercising their rights regarding health and safety standards. Also, quite important, employers cannot retaliate against employees for failing to meet an undisclosed quota.

If an employer takes any adverse employment action against an employee within 90 days of the employee making their first request of the year for information about a quota or personal-work-speed data or making a complaint related to a quota to the Labor Commissioner, other agency, or the employer, there is a rebuttable presumption of unlawful retaliation. The employer can still rebut the presumption, but it gives an employee the edge in the lawsuit if there is a rebuttable presumption the employer must rebut.

CALL 951-367-1000 A WAREHOUSE QUOTA CAUSED YOU TROUBLE AT WORK