Bill Amendment: IL HB2547 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: WAREHOUSE WORKER PROTECT ACT

Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB2547 Detail]

Download: Illinois-2023-HB2547-House_Amendment_003.html

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Rep. Kevin John Olickal

Filed: 3/21/2023

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AMENDMENT TO HOUSE BILL 2547
AMENDMENT NO. ______. Amend House Bill 2547 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Warehouse Worker Protection Act.
Section 5. Definitions. As used in this Act:
"Aggregated work speed data" means a compilation of
employee work speed data for multiple employees, in summary
form, assembled in full or in another form such that the data
cannot be identified with any individual.
"Controlled group of corporations" has the meaning given
to that term under Section 1563 of the Internal Revenue Code,
26 U.S.C. 1563, except that 50% shall be substituted for 80%
where 80% is specified in that definition.
"Defined time period" means any unit of time measurement
equal to or less than the duration of an employee's shift,

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including hours, minutes, seconds, and any fraction thereof.
"Designated employee representative" means any employee
representative, including, but not limited to, an authorized
employee representative who has a collective bargaining
relationship with the employer.
"Director" means the Director of Labor.
"Employee" means a nonadministrative employee who is not
exempt from the overtime and minimum wage requirements of the
federal Fair Labor Standards Act of 1938, as amended, and who
works at a warehouse distribution center and is subject to a
quota as defined in this Section. "Employee" does not include
a driver or courier to or from a warehouse distribution
center.
"Employee work speed data" means information an employer
collects, stores, analyzes, or interprets relating to an
individual employee's performance of a quota, including, but
not limited to, quantities of tasks performed, quantities of
items or materials handled or produced, rates or speeds of
tasks performed, measurements or metrics of employee
performance in relation to a quota, and time categorized as
performing tasks or not performing tasks. "Employee work speed
data" does not include itemized wage statements or data that
does not relate to the performance of a quota, except for any
content of those records that includes employee work speed
data.
"Employer" means a person who directly or indirectly, or

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through an agent or any other person, including through the
services of a third-party employer, temporary services or
staffing agency, independent contractor, or any similar
entity, employs or exercises control over the wages, hours, or
working conditions of 100 or more employees at a single
warehouse distribution center in the State or 1,000 or more
employees at one or more warehouse distribution centers in the
State. For the purposes of this definition, all employees of a
controlled group of corporations shall be counted in
determining the number of employees employed at a single
warehouse distribution center or at one or more warehouse
distribution centers in the State.
"Person" means an individual, corporation, partnership,
limited partnership, limited liability partnership, limited
liability company, business trust, estate, trust, association,
joint venture, agency, instrumentality, or any other legal or
commercial entity, whether domestic or foreign.
"Quota" means a work performance standard under which:
(1) an employee is assigned or required to perform at
a specified productivity speed or a quantified number of
tasks or to handle or produce a quantified amount of
material within a defined time period and under which the
employee may suffer an adverse employment action if the
employee fails to complete or meet the performance
standard; or
(2) categorizes and measures an employee's actions

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between time performing tasks and not performing tasks,
and the employee's failure to complete or meet a task
performance standard may lead to an adverse employment
action.
"Warehouse distribution center" means an establishment as
defined by any of the following North American Industry
Classification System (NAICS) codes, however such
establishment is denominated:
(1) 493 for Warehousing and Storage, but does not
include 493130 for Farm Product Warehousing and Storage;
(2) 423 for Merchant Wholesalers, Durable Goods;
(3) 424 for Merchant Wholesalers, Nondurable Goods,
but does not include 424510 for Grain and Field Bean
Merchant Wholesalers, 424520 for Livestock Merchant
Wholesalers, and 424590 for Other Farm Product Raw
Material Wholesalers;
(4) 454110 for Electronic Shopping and Mail-Order
Houses; or
(5) 492110 for Couriers and Express Delivery Services.
Section 10. Disclosure of quotas. Each employer shall
provide to each employee, upon hire or within 30 days after the
effective date of this Act, whichever is later, a written
description of each quota to which the employee is subject,
including the quantified number of tasks to be performed or
materials to be produced or handled within the defined time

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period, and any potential adverse employment action that could
result from failure to meet the quota. Each time the quota
changes thereafter, the employer shall provide an updated
written description of each quota to which the employee is
subject within 2 business days of the quota change. If an
employer takes an adverse employment action against an
employee based on a quota, the employee has a right to request,
and the employer shall provide, a written explanation
regarding the manner in which the employee failed to perform,
including the applicable quota and comparison of the
employee's work performance in relation to that quota. If an
employee requests a written description of the quotas to which
the employee was subject and a copy of the employee's own
personal work speed data pursuant to this Section, the
employer shall comply with this request as soon as
practicable, but no later than 3 calendar days after the date
of the request.
Section 15. Protection from quotas. An employee shall not
be required to meet a quota that prevents compliance with meal
or rest periods or use of bathroom facilities, including
reasonable travel time to and from bathroom facilities. An
employer shall not take adverse employment action against an
employee for failure to meet a quota that does not allow a
worker to comply with meal and rest periods or for failure to
meet a quota that has not been disclosed to the employee

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pursuant to Section 10.
Section 20. Time on task. Consistent with existing law,
paid and unpaid breaks shall not be considered productive time
for the purpose of any quota or monitoring system unless the
employee is required to remain on call.
Section 25. Recordkeeping. Each employer shall establish,
maintain, and preserve for 3 years contemporaneous, true, and
accurate records to ensure compliance with employee and
Director requests for data. Nothing in this Section shall
require an employer to keep such records if such employer does
not use quotas or monitor work speed data as a performance
standard that leads to an adverse employment action. An
employer is not obligated to produce data that does not
constitute employee work speed data.
Section 30. Employee's right to request records.
(a) A current employee has the right to request a written
description of each quota to which the employee is subject. If
a current or former employee believes that the current or
former employee has received an adverse employment action as
the result of failing to meet a quota, or that meeting a quota
caused a violation of the employee's right to a meal or rest
period or use of bathroom facilities, the current or former
employee has the right to request, and the employer shall

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provide, a written description of each quota to which the
employee is subject, a copy of the most recent 90 days of the
employee's own personal work speed data, and a copy of the
aggregated work speed data for similar employees at the same
establishment for the same time period.
(b) Requested records under this Section shall be provided
at no cost to the current or former employee.
(c) Nothing in this Section shall require an employer to
use quotas or monitor work speed data. An employer that does
not monitor this data has no obligation to provide it.
(d) The rights afforded under this Section are independent
of any other right afforded to an employee or former employee
under any State or federal law, including, but not limited to,
the Personnel Records Review Act, to access documents
maintained by an employer.
Section 35. Unlawful retaliation. For purposes of this
Act, there shall be a rebuttable presumption of unlawful
retaliation if an employer takes any adverse employment action
against an employee within 90 days of the employee doing
either of the following:
(1) Initiating the employee's first request in a
calendar year for information about a quota or personal
work speed data pursuant to Section 30 of this Act.
(2) Making a complaint related to a quota alleging any
violation of Sections 10, 15, or 20 of this Act,

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inclusive, to the Director, the Department, or the
employer.
Section 40. Notice to employees. Every employer covered by
this Act shall post and keep posted, in conspicuous places on
the premises of the employer where notices to employees are
customarily posted, a notice, to be prepared or approved by
the Director of Labor, regarding employees' rights under this
Act, including what constitutes a permissible quota and
employees' right to request quota and work speed data
information, and making a complaint to various State
authorities regarding a violation of an employee's quota
rights under this Act.
Section 45. Enforcement. The Department of Labor shall
adopt rules to implement and enforce this Act. The Director
shall be authorized to enforce this Act and to assess damages
payable to the employee and civil penalties.
Section 50. Workplace inspections. If a particular work
site or employer that uses quotas as a performance standard to
determine adverse employment actions and is subject to this
Act is found to have an annual employee injury rate of at least
1.5 times as high as the warehousing industry's average annual
injury rate as published by the Bureau of Labor Statistics'
most recent fatal and non-fatal occupational injuries and

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illnesses data, the Director shall determine whether an
investigation of violations pursuant to this Act, if relevant
to the Director's authority, is appropriate.
Section 55. Private right of action. A current or former
employee or his or her designated employee representative may
bring an action for injunctive relief to obtain compliance
with Sections 10, 15, 20, and 30 and may, upon prevailing in
the action, recover costs and reasonable attorney's fees in
such action. In any action involving a quota that prevented
the compliance with applicable regulations on workplace safety
and health or meal or rest break requirements, the injunctive
relief shall be limited to suspension of the quota and any
adverse action that resulted from its enforcement by the
employer.
Section 60. Attorney General; powers. The Attorney
General, pursuant to the authority under Section 6.3 of the
Attorney General Act, may initiate or intervene in a civil
action in the name of the People of the State in any circuit
court to obtain all appropriate relief for violations
established under this Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

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Section 99. Effective date. This Act takes effect January
1, 2024.".