The Act amends the New York Labor Law by adding a new Article 21-a, which sets a number of broad definitions, including who constitutes an “employer” of workers covered by the law. The Act will be applicable to any employer that employed: (1) 100 or more employees at a single warehouse distribution center; or (2) 500 or more employees at one or more warehouse distribution centers within the State of New York during the prior 12-month period. This “100” or “500” employee threshold number includes both direct employees as well as those that are employed through any third-party agency or independent contractor, and even those employed by a member of a controlled group of corporations, so long as the employer has control over wages, hours, or working conditions. The Act makes all such entities jointly and severally liable for any violations of the law.
Moreover, the Act defines “quota” as a work standard that an employee is assigned or required to perform and could take the form of a specified productivity speed, number of tasks to be performed or number of widgets to be produced within a set period, or the performance or non-performance of required tasks that may have a negative or adverse impact on the employee’s continued employment or on existing working conditions.
Given these definitions, the Act requires that employers provide employees a written description of each quota to which their employment is subject upon hire (or within 30 days of February 19, 2023). This...
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