New York Governor Kathy Hochul has signed a law amending and delaying the effective date of the recently enacted Warehouse Worker Protection Act from February 2023 to June 2023. The act creates new regulations on the working conditions of warehouse workers in New York State.
In December 2022, New York Governor Kathy Hochul signed into law the Warehouse Worker Protection Act (WWPA). The WWPA requires covered employers to disclose work quotas to current and former covered employees, creates new recordkeeping requirements, and prohibits retaliation for exercising protecting rights. Governor Hochul signed a second bill on March 3, 2023 amending and clarifying the WWPA; as amended, the WWPA takes effect on June 19, 2023.
The WWPA applies to New York employers with (a) 100 or more nonexempt workers at a single specified “warehouse distribution center” or (b) 1,000 or more nonexempt workers at one or more “warehouse distribution centers” across the entire state.
Importantly, the worker count not only includes workers directly employed by the covered employer, but also (a) workers who are employed “indirectly” through an agent, third-party employer, or staffing agency, as well as independent contractors to the extent the covered employer “exercises control over the wages, hours, or working conditions” of those workers; and (b) workers who are employed by a member of a controlled group of corporations of which the covered employer is a member.
Exempt employees do...
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