What Should Employers Know About the New York Warehouse Worker Protection Law?

Ensuring compliance with the new law

The New York Warehouse Protection Act (WPPA) affects how employers set production quotas for workers. The law went into effect for New York State on February 29, 2023.

Which employers must comply with the new law?

Employers who own a single large warehouse distribution center with 100 or more workers must comply. In addition, the law applies to employers with one or more centers employing 500 or more employees.

How does the WPPA define a production quota?

A production quota is a work standard that does the following:

  • Sets a specific production speed
  • Establishes a quantified number of tasks
  • Requires that the employee handles or produces a quantified number of tasks within a specified time period
  • Classifies employee’s actions in terms of performing tasks or not performing tasks
  • Establishes that an employee’s failure to meet the performance standard could adversely affect the working conditions or continued employment of the employee

What should employers know about writing production quotas?

The WPPA requires employers to put production quotas in writing and give the written quotas to their workers. When hiring the worker or for workers already employed, the employer must provide each worker with a written production quota and explain that the worker could be subject to adverse actions for failing to meet the quota. If employees have more than one quota to meet, the employer must give them a written description for each quota. Also, if employers change a quota, they must provide the changed written description within two business days of the change. If the employer takes disciplinary or other adverse actions against an employee for not meeting the quota, the employer must give the employee a written copy of the quota the employee failed to meet.

How do meal times and proper breaks relate to quotas?

The quotas must not be so unrealistic or unreasonable that they would cause workers to miss meal breaks or break periods.

(Reference: JD Supra )

As an employer, do you have legal questions about employment rules?

If you have questions or concerns, it is wise to get a legal opinion. You can consult with our attorneys at Stephen D. Hans & Associates, P.C. We are glad to provide you with experienced legal guidance. Call (718) 275-6500 to arrange an appointment.