In June of 2022, the New York legislature passed the Warehouse Worker Protection Act (WWPA) (A10020/S8922), which Governor Hochul signed into law on December 21, 2022. This legislation followed similar legislation in California that regulates the use of work-related “quotas” in warehouse settings. While the WWPA initially went into effect on February 19, 2023, the governor signed a subsequent bill (A1000/S851) on March 3, 2023 (the “Chapter Amendment”). This new law, arising from an agreement between the Senate and Assembly to secure the governor’s signature on the WWPA, amended the underlying bill that adopted the WWPA. Most notably, the Chapter Amendment extended the effective date from 30 days to 180 days from the WWPA’s original February 19, 2023 enactment to June 19, 2023, and significantly amended several provisions of the WWPA as follows:

Definitions

The Chapter Amendment revised a number of definitions set forth in WWPA, most notably:

• Employee was amended to clarify that the WWPA applies only to non-exempt employees under the state overtime law, and to exclude “Drivers or couriers to or from a warehouse distribution center.”
• Employer was amended to increase the threshold for coverage by the WWPA for multiple warehouses across the state from 500 to 1,000 employees in the aggregate. The threshold for coverage at a single site remains the same, at 100 employees.
• Warehouse distribution center was amended to exclude Farm Product Warehouses.

Notice

The WWPA...

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