SB 5891 — Concerning warehouse distribution centers.

S-4262.1S-3661.2 SUBSTITUTE SENATE BILL 5891 State of Washington 67th Legislature 2022 Regular Session By Senate Labor, Commerce & Tribal Affairs (originally sponsored by Senators Conway, Keiser, Hasegawa, Hunt, Nobles, and Saldaña)Saldaña READRead FIRSTfirst TIMEtime 02/03/22.01/18/22.

Referred to Committee on Labor, Commerce & Tribal Affairs.

(5) "Employee" means ana nonexempt employee who is not exempt under RCW 49.46.010(3)(c) and works at a warehouse distribution center.

1 SSBSB 5891 or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks.

2 SSBSB 5891 (i) 493110 for general warehousing and storage;

(1) Each employer must provide to each employeeemployee: a written description of:

(a) EachA 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;

3 SSBSB 5891 violatesdoes anynot ofallow a worker to exercise their rightsright to meal and rest periods, or that exposes them to occupational health and safety hazards in subsectionviolation (1)of the requirements of thischapter section,49.17 RCW and applicable rules or regulations, or for failure to meet a quota that has not been disclosed to the employee pursuant to section 2 of this act.

(1) If a current employee believes that meeting a quota interfered with the employee's right underto sectiona 3(1)meal or rest period or exposed them to occupational health and safety hazards in violation of thisthe act,requirements of chapter 49.17 RCW and applicable rules or regulations including use of bathrooms, the employee has 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.

For purposes of this chapter, there is a rebuttable presumption of unlawful retaliation if an employer in any manner discriminates, retaliates, or takes any adverse action against anyp. employee within 90 days of the employee doing either of the following:

4 SB 5891 any employee within 90 days of the employee doing either of the following:

and p.(2) Making a complaint related to a quota alleging any violation of sections 2 through 5 of this act, inclusive, to the director, the department, or the employer.

4 SSB 5891 (2) Making a complaint related to a quota alleging any violation of sections 2 through 5 of this act, inclusive, to the director, the department, or the employer.

(1) Violations of section 3(1) or 4(1) of this act related to a quota interfering with their rights under chapter 49.17 RCW or complaints of violations for the requirement for a safety committee meeting at least quarterly under section 1112 of this act shall be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.

(3) If the department's investigation finds that the employee's allegation cannot be substantiated, the department shall issue a closure letter to the employee and the employer detailing such finding.

5 SSBSB 5891 (4)(3) TheIf directorthe maydepartment's initiate an investigation withoutfinds anthat the employee's complaintallegation cannot be substantiated, the department shall issue a closure letter to ensurethe complianceemployee withand thisthe chapter.employer detailing such finding.

(4) The director may initiate an investigation without an employee's complaint to ensure compliance with this chapter.

The directorp. shall conduct an administrative review in accordance with chapter 34.05 RCW.

p.6 SB 5891 director shall conduct an administrative review in accordance with chapter 34.05 RCW.

6 SSB 5891 (4) The director shall issue all final orders after appeal of the initial order.

Upon(1) receivingExcept aviolations complaintof regardingsection a3(1) violationor 4(1) of this chapter,act therelated departmentto maya requestquota orinterfering subpoenawith their rights under chapter 49.17 RCW and the recordsrequirement offor warehousesafety distributioncommittees centerto quotasmeet andat least quarterly under section 12 of this act, an employee workmay speedbring data.a civil action against an employer for violation of this chapter for actual damages;

statutory damages equal to the actual damages or $5,000, whichever is greater;

interest of one percent per month on all compensation owed;

and costs and reasonable attorneys' fees.

The court may also order reinstatement and injunctive relief.

(2) The employee must bring a civil action within three years of the date of the alleged violation of this chapter regardless of whether the employee pursued an administrative complaint.

(3) Filing a civil action under this chapter shall terminate the director's processing of the complaint under this chapter.

Upon receiving a complaint regarding a violation of this chapter, the department may request or subpoena the records of warehouse distribution center quotas and employee work speed data.

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Sections 1 through 12 and 15 of this act constitute a new chapter in Title 49 RCW.

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7 SSB 5891 NEW SECTION.

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Sections 1 through 13 and 16 of this act constitute a new chapter in Title 49 RCW.