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

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Defines "adverse employment action". Removes couriers and express delivery services from the definition of "warehouse distribution center". Makes changes to the definition of "quota". Provides that "employer" means a person who directly or indirectly, or 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 250 (instead 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. Requires an employer to provide an updated written description of each quota to which the employee is subject within 5 (instead of 2) business days of the quota change. Provides that, 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, the employer shall comply with this request as soon as practicable, but no later than 7 (instead of 3) calendar days after the date of the request. Removes a provision authorizing designated employee representatives to bring an action for injunctive relief to obtain compliance with specified provisions of the Act. Makes a conforming change. Changes the effective date to January 1, 2026 (instead of January 1, 2024).

Spectrum: Partisan Bill (Democrat 34-0)

Status: (Enrolled - Dead) 2025-01-22 - Sent to the Governor [HB2547 Detail]

Download: Illinois-2023-HB2547-Enrolled.html

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HB2547 Enrolled LRB103 30799 RPS 57292 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Warehouse Worker Protection Act.
Section 5. Definitions. As used in this Act:
"Adverse employment action" means an action that a
reasonable employee would find materially adverse.
"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 "fifty percent" shall be
substituted for "eighty percent" where "eighty percent" 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,
including hours, minutes, seconds, and any fraction thereof.
"Director" means the Director of Labor.
"Employee" means a nonadministrative employee who is not
exempt from the overtime and minimum wage requirements of the

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federal Fair Labor Standards Act of 1938, as amended, who
works at a warehouse distribution center, and who 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
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 250 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

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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 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.
"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

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Wholesalers, and 424590 for Other Farm Product Raw
Material Wholesalers; or
(4) 454110 for Electronic Shopping and Mail-Order
Houses.
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
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 5 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

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practicable, but no later than 7 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
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

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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
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.

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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; or
(2) making a complaint related to a quota alleging any
violation of Sections 10, 15, or 20 of this Act,
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

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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
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 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.

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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.