WSR 23-21-058
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed October 11, 2023, 4:49 p.m.]
Subject of Possible Rule Making: Labor standards for quotas at warehouse distribution centers. New chapter under Title 296 WAC, Department of labor and industries (L&I).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW
49.84.060.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2023's 2SHB 1762, codified under chapter
49.84 RCW, addresses protections for employees at warehouse distribution centers who are subject to quotas. Chapter
49.84 RCW includes the following requirements:
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| • | Provide written notices to employees of quotas they are subject to. |
| • | Provide employees their personal work speed data and work speed data for similar employees at the same location when requested. |
| • | Ensure time considered in the quota includes: |
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| o | Time for rest breaks and reasonable time to travel to designated locations for rest breaks; |
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| o | Reasonable travel time to on-site designated meal break locations; and |
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| o | Time to perform any activity required by the employer in order to do the work subject to any quota. |
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| • | Prohibits adverse actions against an employee for failure to meet a quota in violation of the requirements. |
| • | Prohibits adverse action against an employee for exercising their rights under chapter 49.84 RCW, including requesting information on quotas and making a complaint related to alleged quota violations. There is a rebuttal presumption that adverse action taken within 90 days of an employee complaint that the adverse action was retaliatory. |
Chapter
49.84 RCW also provides for L&I enforcement of the above requirements.
L&I's fraud prevention and labor standards (FPLS) division must adopt rules under WAC to implement and enforce the requirements related to warehouse workers' quotas under chapter
49.84 RCW.
Other requirements related to warehouse workers' quotas under chapter
49.84 RCW are enforced by division of occupational safety and health and those requirements are being adopted under a separate rule making, but the rule-making efforts will be jointly coordinated.
Chapter
49.84 RCW becomes effective July 1, 2024.
Process for Developing New Rule: Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after the rules are proposed by providing written comments or giving oral testimony during the public hearing and comment process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bridget Osborne, Administrative Regulations Analyst, L&I, FPLS, P.O. Box 44510, Olympia, WA 98504-4510, phone 360-902-5552, email warehouserules@Lni.wa.gov, website https://www.lni.wa.gov/rulemaking-activity/.
October 11, 2023
Joel Sacks
Director