Warehouse Distributions Centers Under the Labor Code

Warehouse distribution centers are regulated under Labor Code Division 2, Part 8.6. Labor Code Section 2100 provides definitions for the following terms: “commissioner,” “defined time period,” “division,” “employee,” “employee work speed data,” “employer,” “person,” “quota,” and “warehouse distribution center.”

Section 2101 requires each employer to provide to each employee, upon hire, or within 30 days of the effective date of this part, 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.

Section 2102 prohibits an employee from being required to meet a quota that prevents compliance with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws in the Labor Code or division standards.

Section 2103 provides that any actions taken by an employee to comply with occupational health and safety laws in the Labor Code or division standards are to be considered time on task and productive time for purposes of any quota or monitoring system.

Section 210 states that, if a current or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety laws in the Labor Code or DLSE standards, they have the right to request, and the employer must provide, a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee’s own personal work speed data.

Section 2105 provides a rebuttable presumption of unlawful retaliation if an employer in any manner discriminates, retaliates, or takes any adverse action against any employee within 90 days of the employee doing specified activities.

Section 2106 provides that, upon receiving a complaint regarding a violation of this part, a state or local enforcement entity may request or subpoena the records of warehouse distribution center quotas and employee work speed data.

Section 2107 requires the Commissioner to enforce this part by engaging in coordinated and strategic enforcement efforts with the divisions within the Department of Industrial Relations; strategically collaborate with stakeholders to educate workers and employers about their rights and obligations in order to increase compliance; and, report to the Legislature the number of claims filed with the commissioner under this part.

Section 2108 authorizes a current or former employee to bring an action for injunctive relief to obtain compliance and may, upon prevailing in the action, recover costs and reasonable attorney’s fees in that action. In any action involving a quota that prevented the compliance with regulations promulgated by the Occupational Safety and Health Standards Board, the injunctive relief is limited to suspension of the quota and any adverse action that resulted from its enforcement.

Section 2109 provides that, in any action by a current or former employee that could be brought pursuant to PAGA for violations of this part, the employer has the right to cure alleged violations.

Section 2110 specifies that this area of law does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division.

Section 2111 provides that this area of law does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part. Section 2112 states that the provisions of this part are severable.