1762-S2 AMH ROBE TANG 070

2SHB 1762 - H AMD 294

By Representative Robertson

NOT ADOPTED 03/06/2023

On page 6, beginning on line 25, after "(1)" strike all material through "request." on page 7, line 10 and insert "If an employee or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any state occupational health and safety laws, the employee or former employee has the right to request, and the employer shall provide, a written description of each quota to which the employee is subject, and a copy of the employee’s own personal aggregated work speed data for the most recent 90 days.

(2) If a former employee requests a written description of the quotas to which they were subject and a copy of their own personal work speed data pursuant to subsection (1) of this section, the employer shall provide the former employee’s quotas and personal work speed data for the 90 days prior to the date of the employee’s separation from the employer.

(3) An employer must provide records requested under this section at no cost to the employee or former employee. A former employee is limited to one request pursuant to this section.

(4) An employer that receives a written or oral request for information pursuant to this section shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request."

EFFECT: Removes provisions specifying an employee's right to request, at any time, records of quotas and work speed data for the prior six months, and a former employee's right to request, within three years of the date of separation, the quotas and work speed data for the six months prior to the date of separation. Removes the requirement that the employer provide descriptions of quotas within two business days of receipt of the request, and no later than seven business days for requests for personal work speed data.

Instead provides that an employee or former employee has the right to request records of quotas and work speed data if they believe meeting a quota violated their right to meal or rest breaks or violated any state occupational health and safety law. Requires the employer to provide the most recent 90 days of the employee's own personal aggregated work speed data or the last 90 days for former employees. Provides that a former employee is limited to one request. Provides that an employer must provide records as soon as practicable, but no later than 21 days from the date of the written or oral request.

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