California’s law took effect January 1, 2022, and shortly after the effective date the Labor Commissioner published Frequently Asked Questions on the law.
Since the California law is a little over a year old, here are some reminders about compliance under the law.
The law covers employers who directly or indirectly control 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in California. Employees provided by outside staffing agencies may also be included where the employer controls the terms and conditions of employment for those employees.
Warehouse distribution centers are defined under the law by referring to the North American Industry Classification (NAICS) codes, including General Warehousing and Storage, Durable Goods Merchant Wholesales, Nondurable Goods Merchant Wholesalers, and Electronic Shopping and Mail-Order Houses. Farm Product Warehousing and Storage are exempt from the law.
Required Notices to Employees
Covered employers upon hire of an employee must provide a written notice that describes the quota requirements. This includes the number of tasks to be performed or materials that must be produced or handled within a time period, and any potential adverse employment action that could result from failing to meet the quota.
Covered employers are also required to respond to requests from former employees about quotas and their work speed, though former employees are limited to only one request.