Creates new provisions relating to employment practices involving warehouse distribution centers

SECOND REGULAR SESSION
HOUSE BILL NO. 3258
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WOODS.
7023H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 285, RSMo, by adding thereto six new sections relating to employment
practices involving warehouse distribution centers, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 285, RSMo, is amended by adding thereto six new sections, to be
2 known as sections 285.2000, 285.2003, 285.2006, 285.2009, 285.2012, and 285.2015, to read
3 as follows:
285.2000. For the purposes of sections 285.2000 to 285.2015, the following terms
2 shall mean:
3 (1) "Affiliate", a person that dir ectly or indir ectly , thr ough one or mor e
4 intermediaries, controls, is controll ed by , or is under common control with another
5 person. For the purposes of this subdivision, "contro l" means the possession, directly or
6 indir ectly , of mor e than fifty per cent of the power to direc t or cause the dir ection of the
7 management and policies of a person, whether thr ough the ownership of voting shares ,
8 by contract, or otherwise;
9 (2) "Aggr egated data", information that an employer has combined or collected
10 in summary or other form such that the data cannot be identified with any individual;
11 (3) "Defined time period", any unit of time measur ement less than or equal to
12 the duration of an employee's shift, and includes hours, minutes, and seconds and any
13 fraction ther eof;
14 (4) "Department", the department of labor and industrial r elations;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 (5) "Designated employee re prese ntative", any employee re prese ntative
1 6 including, but not limited to, an authorized employee repr esentative that has a
17 collective bargaining rel ationship with the employer;
18 (6) "Dir ector", the dir ector of the department of labor and industrial relat ions
19 or the dir ector's designee;
20 (7) "Employee", an employee who is not exempt under subdivision (3) of section
21 290.500 and works at a wareh ouse distribution center;
22 (8) "Employee work-speed data", information an employer collects, stores,
23 analyzes, or interpr ets rela ting to an individual employee's performance of a quota
24 including, but not limited to, quantities of tasks performed, quantities of items or
25 materials handled or pr oduced, rates or speeds of tasks performed, measur ements or
26 metrics of employee performance in r elation to a quota, and time categorized as
27 performing tasks or not performing tasks. Employee work-speed data does not include
28 qualitative performance assessments, personnel records, or itemized wage statements
29 pursuant to department rules, except for any content of those record s that includes
30 employee work-speed data as defined in this subdivision;
31 (9) "Employer", a person who dir ectly or indirectl y , or thr ough an agent or any
32 other person, including thr ough the services of a third-party employer , temporary
33 services, or staffing agency , independent contractor , or any similar entity , at any time,
34 employs or exer cises contro l over the wages, hours, or working conditions of one
35 hundr ed or mor e employees at a single war ehouse distribution center in the state or one
36 thousand or mor e cumulative employees at one or mor e wareh ouse distribution centers
37 in the state. For the purposes of determining the number of employees employed at a
38 single war ehouse distribution center or cumulatively at one or mor e war ehouse
39 distribution centers, all employees employed dir ectly or indirectl y , or thr ough a staffing
40 agency or any other person in a contractual agre ement with the employer , and all
41 employees employed by an employer and its affiliates shall be counted. For the
42 purposes of determining res ponsible employers, all agents or other persons and affiliates
43 shall be deemed employers and are jointly and severally r esponsible for compliance with
44 sections 285.2000 to 285.2015;
45 (10) "Person", an individual, corporation, partnership, limited partnership,
46 limited liability partnership, limited liability company , business trust, estate, trust,
47 association, joint ventur e, agency , instrumentality , or any other legal or commerci al
48 entity , whether domestic or for eign;
49 (1 1) "Quota", a work performance standard, whether r equir ed or
5 0 r ecommended, wher e:
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51 (a) An employee is assigned or req uired to perform at a specified pro ductivity
52 speed, or perform a quantified number of tasks, or to handle or pr oduce a quantified
53 amount of material, within a defined time period and under which the employee may
54 suffer an adverse employment action if they fail to complete the performance standard;
55 or
56 (b) An employee's actions are categorized as time performing tasks, wher e the
57 employee may suffer an adverse employment action if they fail to meet the performance
58 standard;
59 (12) "W ar ehouse distribution center", an establishment engaged in activities as
60 defined by any of the following North American Industry Classification System
61 (NAICS) codes, however such establishment is denominated:
62 (a) 493 for wareh ousing and storage, but does not include 493130 for farm
63 pr oduct wareh ousing and storage;
64 (b) 423 for mer chant wholesalers, durable goods;
65 (c) 424 for mer chant wholesalers, nondurable goods; or
66 (d) 4541 10 for electr onic shopping and mail-order houses.
285.2003. 1. An employer shall prov ide to each employee, upon hir e, or within
2 thirty days of August 28, 2026, a written description of:
3 (1) Each quota to which the employee is subject, including the quantified
4 number of tasks to be performed or materials to be pro duced or handled within a
5 defined time period;
6 (2) Any potential adverse employment action that could r esult fr om failure to
7 meet each quota; and
8 (3) Any incentives or bonus pr ograms associated with meeting or exceeding each
9 quota.
10 2. Whenever ther e is a change to a quota that re sults in a differ ent quota than
11 the most r ecent written description pr ovided to the employee, the employer shall:
12 (1) Notify the employee orally or in writing as soon as practicable and befor e the
13 employee is subject to the new quota; and
14 (2) Pr ovide the employee with an updated written description of each quota to
15 which the employee is subject within two business days of the quota change.
16 3. Whenever an employer takes an adverse action against an employee in whole
17 or in part for failure to meet a quota, the employer shall pro vide that employee with the
18 applicable quota for the employee and the personal work-speed data for the employee
19 that was the basis for the adverse action.
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20 4. The written description shall be understandable, in plain language, and in the
21 employee's pref erred language. The department may adopt rules regar ding the format,
22 plain language, and language access re quir ements for the written description.
23 5. (1) The time period consider ed in a quota, including time designated as
24 pr oductive time or time on task, shall include:
25 (a) T ime for res t brea ks and reas onable time to travel to designated locations for
26 r est br eaks;
27 (b) Reasonable travel time to on-site designated meal break locations. Meal
28 br eaks are not consider ed time on task or pr oductive time unless the employee is
29 r equir ed by the employer to r emain on duty on the pr emises or at a prescribe d worksite
30 in the interes t of the employer;
31 (c) T ime to perform any activity requi red by the employer in order to do the
32 work subject to any quota;
33 (d) T ime to use the bathro om, including r easonable travel time; and
34 (e) T ime to take any actions necessary for the employee to exer cise the
35 employee's right to a safe and healthful workplace including, but not limited to, time to
36 access tools or safety equipment necessary to perform the employee's duties.
37 (2) Reasonable travel time shall include consideration of the ar chitectur e and
38 geography of the facility and the location within the facility that the employee is located
39 at the time.
40 6. (1) A quota violates sections 285.2000 to 285.2015 if the quota:
41 (a) Does not prov ide sufficient time as requi red under subsection 5 of this
42 section;
43 (b) Pr events the performance of any activity requ ired by the employer for the
44 employee to do the work subject to any quota;
45 (c) Pr events the performance of any activity rela ted to occupational safety and
46 health req uired by the employer for the employee to do the work subject to any quota;
47 or
48 (d) Exposes an employee to occupational safety and health hazards in violation
49 of the req uirements of state or federal law and the applicable rules or regu lations.
50 (2) An employee is not req uired to meet a quota that violates the provi sions of
51 sections 285.2000 to 285.2015.
52 (3) An employer shall not take adverse action against an employee for failing to
53 meet a quota that violates sections 285.2000 to 285.2015 or that was not disclosed to the
54 employee as requ ired under the prov isions of sections 285.2000 to 285.2015.
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55 (4) All provi sions of section 285.2006 apply to any person who complains to the
56 employer , the dir ector , or any local, state, or federal governmental agency or official
57 r elated to a quota alleging any violations of sections 285.2000 to 285.2015.
58 7. (1) An employer shall establish, maintain, and pre serve contemporaneous,
59 true, and accurate recor ds of the following:
60 (a) Each employee's own personal work-speed data;
61 (b) The aggr egated work-speed data for similar employees at the same
62 war ehouse distribution center; and
63 (c) The written descriptions of each quota the employee was pro vided, as
64 r equir ed under this section.
65 (2) (a) The requ ired record s shall be maintained and pr eserved thr oughout the
66 duration of each employee's period of employment and for the period requ ired by this
67 subsection.
68 (b) Except as requi red under paragraph (c) of this subdivision, subsequent to an
69 employee's separation fr om the employer , record s rel ating to the six-month period prior
70 to the date of the employee's separation fr om the employer shall be preserved for at
71 least one year fr om the date of the employee's separation.
72 (c) Wher e an employer has taken adverse action against an employee in whole or
73 in part for failur e to meet a quota, the employer shall pre serve the rec ords relat ing to
74 the basis for the adverse action for at least thr ee years fr om the date of the adverse
75 action.
76 (d) The employer shall make reco rds available to the dir ector upon req uest.
77 (3) Nothing in this subsection r equir es an employer to collect or keep such
78 r ecords if the employer does not use quotas or monitor work-speed data.
79 (4) An employer who fails to allow adequate inspection of re cords in an
80 inspection by the department within a r easonable time period shall not use such r ecords
81 in any appeal to challenge the corr ectness of any citation and notice issued by the
82 department.
83 8. (1) An employee has the right to req uest, at any time, a written description of
84 each quota to which the employee is subject, a copy of the employee's own personal
85 work-speed data for the prior six months, and a reda cted copy of the prior six months of
86 aggr egated work-speed data for similar employees at the same wareh ouse distribution
87 center .
88 (2) A former employee has the right to r equest, within one year subsequent to
89 the date of his or her separation fr om the employer , a written description of the quota to
90 which the employee was subject as of the date of his or her separation, a copy of the
91 employee's own personal work-speed data for the six months prior to his or her date of
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92 separation, and a reda cted copy of aggreg ated work-speed data for similar employees at
93 the same war ehouse distribution center for the six months prior to their date of
94 separation.
95 (3) An employer shall prov ide re cords requ ested under this subsection at no cost
96 to the employee or former employee.
97 (4) An employer shall pr ovide record s req uested under this subsection as soon as
98 practicable and subject to the following:
99 (a) Requested reco rds of written descriptions of a quota shall be pro vided no
100 later than seven business days following the date of the rece ipt of the r equest; and
101 (b) Requested personal work-speed data and aggreg ated work-speed data shall
102 be prov ided no later than seven business days following the date of the r eceipt of the
103 r equest.
104 (5) Nothing in this subsection req uir es an employer to use quotas or monitor
105 work-speed data. An employer that does not use quotas or monitor work-speed data
106 has no obligation to pro vide record s under this section.
285.2006. 1. A person including, but not limited to, an employer , his or her
2 agent, or person acting as or on behalf of a hiring entity , or the officer or agent of any
3 entity , business, corporation, partnership, or limited liability company , shall not
4 discharge or in any way ret aliate, discriminate, or take adverse action against an
5 employee or former employee for exer cising any rights established under sections
6 285.2000 to 285.2015, or for being perceiv ed as exer cising rights established under such
7 sections including, but not limited to:
8 (1) Initiating a request for information about a quota or personal work-speed
9 data; and
10 (2) Making a complaint to the employer , the dire ctor , or any local, state, or
11 federal governmental agency or official, rela ted to a quota that is allegedly in violation
12 of sections 285.2000 to 285.2015.
13 2. An employee or former employee need not explicitly r efer to sections 285.2000
14 to 285.2015 or the rights established in these sections to be pro tected fr om an adverse
15 action. The protect ion pr ovided under this section applies to former employees and to
16 employees who mistakenly but in good faith allege violations of sections 285.2000 to
17 285.2015.
18 3. (1) If a person takes adverse action against an employee or former employee
19 within ninety days of the employee engaging or attempting to engage in activities
20 pr otected by sections 285.2000 to 285.2015, ther e is a rebu ttable presum ption that the
21 adverse action is a ret aliatory action in violation of sections 285.2000 to 285.2015.
22 (2) The pre sumption may be reb utted by a pre ponderance of the evidence that:
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23 (a) The action was taken for other permissible reas ons; and
24 (b) The engaging or attempting to engage in activities protected by sections
25 285.2000 to 285.2015 was not a motivating factor in the adverse action.
26 4. The department shall carry out and enforce the pro visions of sections
27 285.2000 to 285.2015 under the proce dures established and any applicable rules.
285.2009. 1. (1) An employee may file a complaint with the department alleging
2 a violation of sections 285.2000 to 285.2015 or the applicable rules. The department
3 shall investigate the complaint, or it may designate the attorney general as its agent to
4 investigate the complaint. The department shall not investigate any such alleged
5 violation of rights that occurr ed mor e than thr ee years befor e the date that the employee
6 filed the complaint.
7 (2) If an employee files a timely complaint with the department, the department
8 shall investigate the complaint and issue either a citation and notice of assessment or a
9 determination of compliance within ninety days after the date on which the department
10 r eceived the complaint, unless the complaint is otherwise res olved. The department may
11 extend the period by pr oviding advance written notice to the employee and the employer
12 setting forth good cause for an extension of the period and specifying the duration of the
13 extension.
14 (3) The department shall send the citation and notice of assessment or the
15 determination of compliance to both the employer and the employee by service of
16 pr ocess or using a method by which the mailing can be tracked or the delivery can be
17 confirmed to their last known addr esses.
18 2. If the department's investigation finds that the employee's allegation cannot
19 be substantiated, the department shall issue a determination of compliance to the
20 employee and the employer detailing such finding.
21 3. The dir ector may initiate an investigation without an employee's complaint to
22 ensur e compliance with sections 285.2000 to 285.2015.
23 4. The department may req uest an employer perform a self-audit of any r ecords
24 r elating to sections 285.2000 to 285.2015 which shall be pr ovided within a reas onable
25 time. Reasonable timelines shall be specified in the self-audit request . The department
26 shall determine reas onable time based on the number of affected employees and the
27 period of time cover ed by the self-audit. The reco rds examined by the employer in
28 order to perform the self-audit shall be made available to the department upon requ est.
29 5. Upon the department's req uest, an employer shall notify affected employees in
30 writing that the department is conducting an investigation. The department may
31 r equir e the employer to include a general description of each investigation as part of the
32 notification, including the allegations and whether the notified employee may be
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33 affected. The employer may consult with the department to pr ovide the information for
34 the description of the notification or investigation.
35 6. If the department determines that the employer has violated a r equir ement of
36 sections 285.2000 to 285.2015 or any rule adopted under the pr ovisions of such sections,
37 the department also may order the employer to pay a civil penalty of not less than two
38 hundr ed fifty dollars. The penalty for the first violation shall not exceed two hundr ed
39 fifty dollars. The department may , at any time, waive or reduc e any civil penalty
40 assessed against an employer under this section if the department determines that the
41 employer has taken corre ctive action to rem edy a violation. The department shall adopt
42 rules cr eating a schedule to enhance penalties, based on re peat violations by the
43 employer .
44 7. Upon receivi ng a complaint, the department may requ est or subpoena the
45 r ecords of the ware house distribution center .
46 8. For enfor cement actions under sections 285.2000 to 285.2015, if any person
47 fails to pay an assessment under this section, or under any rule under this section, after
48 it has become a final and unappealable order , or after a court has enter ed final
49 judgment in favor of the agency , the director or the attorney general may initiate
50 collection pro cedure s as authorized by law .
51 9. If the department finds that a quota violates sections 285.2000 to 285.2015, the
52 department may order the employer to review and pro vide a correc ted written quota to
53 the affected employee or employees within fifteen calendar days and place a letter in the
54 employee's personnel file to acknowledge the corr ection.
55 10. In addition to any enfor cement authority pr ovided under sections 285.2000
56 to 285.2015 or the applicable rules, the department or the attorney general may enforce
57 the pr ovisions of sections 285.2000 to 285.2015 or the applicable rules by filing an action
58 in the cir cuit court for the county in which the violation is alleged to have occurr ed. If
59 the department prevai ls, it is entitled to rea sonable attorney's fees and costs in an
60 amount to be determined by the court.
285.2012. 1. For enforcem ent actions under sections 285.2000 to 285.2015, a
2 person, firm, or corporation aggrieved by a citation and notice of assessment or
3 determination of compliance by the department or any rules adopted under sections
4 285.2000 to 285.2015 may appeal the citation and notice of assessment or determination
5 of compliance to the dir ector by filing a notice of appeal with the administrative hearing
6 commission under the pr ovisions of chapter 621 within fifteen calendar days of the
7 department's issuance of the citation and notice of assessment or determination of
8 compliance. A citation and notice of assessment or determination of compliance not
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9 appealed within fifteen calendar days is final and binding, and not subject to further
10 appeal.
11 2. A notice of appeal filed with the administrative hearing commission under this
12 section stays the effectiveness of the citation and notice of assessment or determination
13 of compliance pending final revi ew of the appeal by the administrative hearing
14 commission.
15 3. The standard of r eview by the administrative law judge of an appealed
16 citation and notice of assessment shall be de novo. Any party who seeks to challenge an
17 initial order shall file a petition for administrative r eview with the administrative
18 hearing commission within thirty days after service of the initial order .
19 4. The final order of the administrative hearing commission is subject to judicial
20 r eview .
21 5. Orders that are not appealed within the time period specified in this section
22 and chapter 621 ar e final and binding, and not subject to further appeal.
23 6. An employer who fails to allow adequate inspection of record s in an
24 investigation by the department under sections 285.2000 to 285.2015 within a reas onable
25 time period shall not use such r ecords in any appeal under this section to challenge the
26 corr ectness of any determination by the department of the penalty assessed.
285.2015. The department may pro mulgate all necessary rules and reg ulations
2 for the administration of sections 285.2000 to 285.2015. Any rule or portion of a rule, as
3 that term is defined in section 536.010, that is creat ed under the authority delegated in
4 this section shall become effective only if it complies with and is subject to all of the
5 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
6 536 are nonseverable and if any of the powers vested with the general assembly
7 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
8 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
9 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
✔
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