An L&I’s investigation found that the Safeway distribution center in Auburn often tracks its workers restroom, meal, and rest breaks, movements, and other activities down to the minute to enforce strict and frequently changing production quotas.

After finding several violations, L&I recently cited Safeway and fined the employer a total of more than $26,000. These are the first enforcement actions taken since the law took effect in July 2024. It provides protections for workers so workplace quotas don’t interfere with worker rights or safety.

“In an environment where employers are tracking every second and pushing their workers to do more, faster all the time, these important protections ensure workers clearly understand their quotas and can do their jobs safely,” said Celeste Monahan, assistant director of L&I’s Fraud Prevention and Labor Standards division.

“Our investigation uncovered several safety-related violations, and we’re working with Safeway to make sure they make the needed changes to meet the requirements under the law,” said Craig Blackwood, assistant director for the Division of Occupational Safety and Health.

Key elements of the law

The law, which took effect July 1, 2024, includes several elements:

• Employers must give their workers a written description of their quota, and update it when they change the quota, throughout the day in this case.
• Employers must ensure the quota allows enough time for workers to:
  • Take their meal and rest breaks,
  • Use the restroom,
  • Travel to and from breakrooms and restrooms, and
  • Access and use necessary tools or safety equipment.
• They cannot discipline or fire workers for failing to meet a quota the employer did not properly disclose.

The law applies to all warehouses with more than 100 employees at a single Washington location, or who have more than 1,000 employees at multiple locations in the state.

Safeway investigation

L&I’s investigation resulted in citations from the agency’s Division of Occupational Safety and Health (DOSH), and the Employment Standards Program.

DOSH cited Safeway for two serious violations:

• The employer did not ensure that the quota includes time for employees to use the restroom. Employees were not given time to use the restroom outside of their scheduled breaks.

• The employer did not provide a workplace free from recognized serious hazards in the produce and perishables department because of the quotas in those areas. These workers were expected to manually load products onto pallets at a pace that involved rapid heavy lifting.
  
  The safety violations resulted in a fine of $11,700. Safeway has appealed the citation.

The Employment Standards violations include:

• Failing to provide a written description of their quota.
• Not giving a worker time to go to and from their breaks. Quotas cannot interfere with a worker’s ability to take their meals and rest breaks.
• For disciplining workers for not meeting a quota that failed to meet the law’s requirements.

The program is fining Safeway $15,000. Safeway has appealed the citation.