AN ACT ESTABLISHING ADDITIONAL PROTECTIONS FOR WAREHOUSE WORKERS.

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General Assembly Governor's Bill No. 92
February Session, 2026 LCO No. 183

Referred to Committee on LABOR AND PUBLIC EMPLOYEES

Introduced by:
Request of the Governor Pursuant
to Joint Rule 9

AN ACT ESTABLISHING ADDITIONAL PROTECTIONS FOR
WAREHOUSE WORKERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. (NEW) (Effective October 1, 2026) As used in this section and 1
sections 2 to 9, inclusive, of this act: 2
(1) "Employee" means an individual who is employed at a warehouse 3
distribution center and who is not exempt from the minimum wage and 4
overtime requirements of the Fair Labor Standards Act of 1938, as 5
amended from time to time. "Employee" does not include a driver or 6
courier traveling to or from a warehouse distribution center; 7
(2) "Employer" means an individual, corporation, partnership, 8
limited partnership, limited liability partnership, limited liability 9
company, business trust, estate, trust, association, joint venture, agency, 10
instrumentality or any other legal or commercial entity, whether 11
domestic or foreign, that directly or indirectly, or through an agent or 12
any other person, including through the services of a third -party 13
employer, temporary services, staffing agency, independent contractor 14

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or any similar entity, at any time in the prior twelve months, employs 15
or exercises control over the wages, hours or working conditions of two 16
hundred fifty or more employees at a single warehouse distribution 17
center in the state or one thousand or more employees at one or more 18
warehouse distribution centers in the state; 19
(3) "Quota" means a work performance standard under which an 20
employee is assigned or required to perform at a specified productivity 21
speed or a quantified number of tasks or to handle or produce a 22
quantified amount of material within a defined time period and under 23
which the employee may suffer an adverse employment action if the 24
employee fails to complete or meet such work performance standard; 25
(4) "Work speed data" means information an employer collects, 26
stores, analyzes or interprets relating to an individual employee's 27
performance of a quota, including, but not limited to, quantities of tasks 28
performed, quantities of items or materials handled or produced, rates 29
or speeds of tasks performed, measurements or metrics of employee 30
performance in relation to a quota and time categorized as performing 31
tasks or not performing tasks. "Work speed data" does not include wage 32
statements or data an employer collects, stores, analyzes or interprets 33
that does not relate to the performance of a quota, except for any content 34
of such records that includes work speed data; and 35
(5) "Warehouse distribution center" means an establishment as 36
defined by any of the following North American Industry Classification 37
System Codes, however such establishment is denominated: (A) 493110 38
for General Warehousing and Storage; (B) 423 for Merchant 39
Wholesalers, Durable Goods; (C) 424 for Merchant Wholesalers, 40
Nondurable Goods; (D) 454110 for Electronic Shopping and Mail-Order 41
Houses; or (E) 492110 for Couriers and Express Delivery Services. 42
Sec. 2. (NEW) (Effective October 1, 2026) (a) On and after July 1, 202 7, 43
an employer shall provide to each employee a written description of 44
each quota to which such employee is subject, including any potential 45

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adverse employment action that may result from a failure to satisfy such 46
quota. Such written description shall be provided to an employer's 47
current employees not later than August 1, 202 7. For employees hired 48
after August 1, 202 7, such written description shall be provided to the 49
employee upon hire. 50
(b) Whenever an employer makes a change to an existing quota for 51
an employee that results in a new quota for such employee, an employer 52
shall: 53
(1) Notify the employee of such change as soon as possible, either 54
verbally or in writing, and prior to the effective date of such new quota; 55
and 56
(2) Provide the employee with a written description of the new quota 57
to which such employee is subject not later than two business days after 58
the change is made. 59
(c) Any written description required pursuant to this section shall be 60
provided directly to an employee by a manager during such employee's 61
work hours. 62
Sec. 3. (NEW) (Effective October 1, 2026) (a) On and after July 1, 202 7, 63
no quota shall (1) prevent compliance with the provisions of section 31-64
51ii of the general statutes concerning meal periods, or (2) interfere with 65
an employee's use of the bathroom facilities, including reasonable travel 66
time to and from the bathroom facilities. 67
(b) Paid and unpaid breaks shall not be considered productive time 68
for the purposes of any quota or an employee productivity monitoring 69
system unless the employee is required to remain on call. 70
Sec. 4. (NEW) (Effective October 1, 2026) On and after July 1, 202 7, no 71
employer shall take any adverse action against an employee for failing 72
to satisfy a quota that (1) violates the provisions of subsection (a) of 73
section 3 of this act , or (2) has not previously been provided to the 74

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employee pursuant to section 2 of this act. 75
Sec. 5. (NEW) (Effective October 1, 2026) On and after July 1, 2027, each 76
employer shall establish, maintain and preserve contemporaneous, true 77
and accurate records of (1) each individual employee's work speed data; 78
(2) the aggregated work speed data for similar employees at the same 79
warehouse distribution center; and (3) the written description provided 80
to each employee pursuant to section 2 of this act. Such records shall be 81
maintained for a period of three years. Nothing in this section shall 82
require an employer to establish, maintain and preserve the records 83
required pursuant to this section if such employer does not assign or 84
require quotas or collect, store, analyze or interpret work speed data. 85
Sec. 6. (NEW) (Effective October 1, 2026) (a) On and after July 1, 202 7, 86
if an employee believes satisfying a quota caused or will cause a 87
violation of section 3 of this act, such employee may request from such 88
employee's employer: (1) A written description of each quota the 89
employee is subject to; (2) a copy of the employee's personal work speed 90
data for the prior ninety days; and (3) a copy of aggregated work speed 91
data for similar employees at the same warehouse distribution center 92
for the prior ninety days. 93
(b) On and after July 1, 2027, a former employee may request from a 94
former employer: (1) A written description of each quota the employee 95
was subject to for the ninety days prior to the employee's separation 96
from employment with such employer; (2) a copy of the employee's 97
personal work speed data for the ninety days prior to such employee's 98
separation from employment with such employer; and (3) a copy of 99
aggregated work speed data for similar employees at the same 100
warehouse distribution center for the ninety days prior to such 101
employee's separation from employment with such employer. A former 102
employee may only make one request under this section. 103
(c) An employer shall provide a written copy of any records 104
requested pursuant to this section not later than five calendar days after 105

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receipt of such request. Such written copy shall be provided (1) in both 106
English and the primary language of the employee requesting such 107
records, and (2) (A) for a current employee, directly to the employee 108
requesting such records by a manager during such employee's work 109
hours, or (B) for a former employee, either at a mutually convenient time 110
or via a mutually convenient delivery method. 111
Sec. 7. (NEW) (Effective October 1, 2026) (a) On and after July 1, 202 7, 112
no employer shall discharge or in any way retaliate, discriminate or take 113
any adverse action against any employee or former employee for (1) 114
making a request pursuant to section 6 of this act, or (2) filing a civil 115
action pursuant to section 8 of this act. 116
(b) On and after July 1, 2027, if an employer discharges or in any way 117
retaliates, discriminates or takes any adverse action against any 118
employee or former employee within ninety days after such employee 119
engages in or attempts to engage in the activities described in subsection 120
(a) of this section, there shall be a rebuttable presumption that such 121
adverse action is in violation of this section. Such presumption may be 122
rebutted by clear and convincing evidence that (1) the adverse action 123
was taken for other permissible reasons, and (2) the employee engaging 124
or attempting to engage in the activities described in subsection (a) of 125
this section was not a motivating factor in the employer taking such 126
adverse action. 127
Sec. 8. (NEW) (Effective October 1, 2026) (a) On and after July 1, 202 7, 128
an employee aggrieved by a violation of sections 2 to 7, inclusive, of this 129
act, or the Attorney General on behalf of an employee aggrieved by a 130
violation of sections 2 to 7, inclusive, of this act, may bring a civil action 131
in the Superior Court to recover damages, civil penalties and such 132
equitable and injunctive relief as the court deems appropriate. Any 133
party who prevails in such civil action may be awarded reasonable 134
attorney's fees and costs to be taxed by the court. 135
(b) An employer who violates a provision of section 2 to 7, inclusive, 136

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of this act may be assessed a civil penalty by the court of (1) one 137
thousand dollars for a first violation, (2) two thousand dollars for a 138
second violation, or (3) three thousand dollars for a third or subsequent 139
violations. 140
Sec. 9. (NEW) (Effective October 1, 2026) On and after July 1, 2027, the 141
Workers' Compensation Commission shall monitor the injury rates of 142
employees working in warehouse distribution centers in the state. If an 143
employer is found to have an annual injury rate at or over one and one-144
half times the average annual injury rate for the relevant North 145
American Industry Classification System codes, based on data reported 146
to the federal Occupational and Safety and Health Administration, the 147
Workers' Compensation Commission shall notify the Labor 148
Commissioner and the commissioner shall determine whether an 149
investigation concerning potential violations of sections 2 to 7, inclusive, 150
of this act is appropriate. 151
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 New section
Sec. 2 October 1, 2026 New section
Sec. 3 October 1, 2026 New section
Sec. 4 October 1, 2026 New section
Sec. 5 October 1, 2026 New section
Sec. 6 October 1, 2026 New section
Sec. 7 October 1, 2026 New section
Sec. 8 October 1, 2026 New section
Sec. 9 October 1, 2026 New section

Statement of Purpose:
To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]