Event Details
Labor Standards for Quotas at Warehouse Distribution Centers (2SHB 1762 Implementation)
Public Hearing on Proposed Rules
Monday, April 15, 2024
1:30 p.m.
1:30 p.m.
Location
In-person:
Department of Labor & Industries
12806 Gateway Drive South
Tukwila WA 98168
A pre-hearing overview will begin at 1:00 p.m. The hearing will start at 1:30 p.m. and will continue until all oral comments are received. This public hearing will be held jointly with L&I’s Division of Occupational Safety and Health.
L&I encourages the submittal of written comments, due by 5:00 p.m. on April 22, 2024.
Rules Affected
View the affected rules, purpose, and rulemaking statusPurpose
This rulemaking creates new protections under chapter 296-136 WAC for workers of warehouse distribution centers who are subject to performance quotas, thereby implementing portions of Second Substitute House Bill 1762 (2SHB 1762), codified under chapter 49.84 RCW. Fraud Prevention and Labor Standards (FPLS) shares responsibility for enforcing 2SHB 1762 with L&I’s Division of Occupational Safety and Health (DOSH), which conducted separate but coordinated rulemaking. The provisions enforced by FPLS require employers to: (1) Provide quota descriptions to employees; (2) Ensure quotas account for rest breaks, time to travel to break locations, and time to perform an activity required by the employer to complete the work subject to a quota; and (3) Refrain from retaliating or taking other adverse action related to protections under the chapter and rules. The rule clarifies and provides employers additional guidance on the quota protections established by 2SHB 1762. The rule also describes the enforcement mechanisms FPLS will use to enforce the requirements, including the complaint, investigation, citation, and appeal processes. The rule provides remedies and penalties for violations of the rule.