New York’s Warehouse Worker Protection Act (WWPA) regulates the use of work-related quotas for employees in warehouse distribution centers. The WWPA is similar to the distribution center quota law in California that took effect in January 2022 (New Law Targets California Distribution Centers That Use Quotas (vorys.com). The WWPA becomes effective on June 19, 2023.
Who is covered by the WWPA?
The WWPA covers employers with 100 or more employees at a single “warehouse distribution center” or 1,000 or more employees at one or more “warehouse distribution centers” in New York. This includes employees indirectly retained through third-party employers, temporary services, and staffing agencies if the employer exercises control over their wages, hours, or working conditions. Further, all employees of a controlled group of corporations are counted in determining the number employed at a single warehouse distribution center or at one or more warehouse distribution centers. However, employees who are exempt from minimum wage and overtime under New York law are not included.
A “warehouse distribution center” is an establishment defined by the North American Industry Classification System Codes as warehousing and storage (excluding farm product warehousing); merchant wholesalers, durable goods; merchant wholesalers, nondurable goods; electronic shopping and mail-order houses; and couriers and express delivery services.
What is a quota?
Under the WWPA, a quota is a work standard which:...
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