SB1654 • 2026

Creates new provisions relating to work performance standards for warehouse employees

Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Webber, Stephen; House handler: N/A
Last action: 2026-02-12
Official status: Second Read and Referred S General Laws Committee
Effective date: 2026-08-28

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Creates new provisions relating to work performance standards for warehouse employees

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1654 - This act creates new provisions regulating workplace performance standards for employees working in certain warehouse entities.

What This Bill Does

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1654 - This act creates new provisions regulating workplace performance standards for employees working in certain warehouse entities.
This act only applies to employers that employ or exercise control over the wages, hours, or working conditions of 50 or more employees at a single warehouse distribution center in the state or 1,000 or more employees at one or more warehouse distribution centers in the state.
Employers subject to this act are required to establish workplace performance standards, as described further in the act, for all current employees as of October 1, 2026.
Any changes or updates to the standards must be communicated to employees as provided in the act.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-02-12 S384
Second Read and Referred S General Laws Committee
2026-02-10 S330
S First Read

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

SB 1654 - This act creates new provisions regulating workplace performance standards for employees working in certain warehouse entities. This act only applies to employers that employ or exercise control over the wages, hours, or working conditions of 50 or more employees at a single warehouse distribution center in the state or 1,000 or more employees at one or more warehouse distribution centers in the state.

Employers subject to this act are required to establish workplace performance standards, as described further in the act, for all current employees as of October 1, 2026. Any changes or updates to the standards must be communicated to employees as provided in the act. The act additionally provides various restrictions on what cannot be included in an employer's standards.

Adverse Actions
Employers are prohibited from taking adverse employment actions against a covered employee for, among other factors described in the act, failure to meet a work performance standard that was not previously disclosed to the employee or that is otherwise in violation of this act.

Specific requirements for termination and discipline of employees are included. Employees are permitted to request to speak to a human manager during the employee's shift. An employer shall assign a human manager authorized to make decisions related to discipline to respond not later than thirty minutes after such a request. An employee may make no more than one request per every two hours.

An employer is prohibited from disciplining or terminating an employee based on failure to meet a performance standard unless it has provided prior written notice, in the manner described in the act, of such action. In the case of a termination based on failure to meet a performance standard, the employer must provide two weeks notifice of such termination. The time period between a first warning or discipline and termination shall be not less than 30 days, and the employer may not rely on a warning or discipline issued more than one year in the past to justify a termination.

Prohibition on Reductions in Workforce
Employers are prohibited from commencing a reduction in their workforce that would result in an employment loss at a single site of employment during any 30-day period for 50 or more employees unless such employer has offered a new employment position, in writing at least 30 days prior to the commencement of the reduction in force and with comparable wages and commuting distance, to each employee who may reasonably be expected to experience an employment loss as a consequence of the reduction in force.

If an employer discharges an employee, the employer shall pay the employee two weeks of severance pay plus an additional day of severance pay for each two months that the employee has worked for the employer. One week of severance pay shall be calculated based on the employee’s average weekly earnings including overtime pay received during the employee’s most recent 12 months of employment.

Records
Except as otherwise provided in the act, employers must keep records of workplace performance records applicable to each employee. Such records shall be maintained for a period of three years. Employees and former employees are permitted to request their workplace performance records. An employer must provide a written copy of any such records requested not later than 5 calendar days after receipt of such request, in the manner provided in the act.

Non Discrimination
Employers are prohibited from discharging or in any way retaliating, discriminating, or taking any adverse action against any employee or former employee for:• Making a lawful request pursuant to this act;
• Declining to work more than 40 hours in a week, more than 10 hours in a day, or consecutive shifts with less than 12 hours between the shifts; or
• Filing a civil action pursuant to this act

If an employer discharges or in any way retaliates, discriminates, or takes any adverse action against any employee or former employee within 90 days after such employee engages in or attempts to engage in any of the aforementioned activities, there is a rebuttable presumption that such adverse action is in violation of this provision. Such presumption may be rebutted by clear and convincing evidence that (1) the adverse action was taken for other permissible reasons, and (2) the employee engaging or attempting to engage in the activities described was not a motivating factor in the employer taking such adverse action.

Civil Action
Any employee aggrieved by a violation of this act may bring a cause of action in any court of competent jurisdiction. An employee may recover damages, civil penalties, and such equitable and injunctive relief as the court deems appropriate. An employer who violates this act is liable to a plaintiff for damages of not less than $5,000 or more than $7,500 per violation in addition to economic damages, in the discretion of the court and based on severity of the violation and any history of prior violations. A complainant who prevails in such a civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court. An employer who violates this act may additionally be assessed a civil penalty by the court of (1) $1,000 for a first violation, (2) $2,000 for a second violation, or (3) $3,000 for a third or subsequent violations. An employer who fails to pay in full required severance pay shall be liable for payment of the required severance pay, plus an additional two times the unpaid amount as liquidated damages.

Power of DOLIR
The Department of Labor and Industrial Relations (DOLIR) is required to monitor the injury rates of employees working in warehouse distribution centers in the state. DOLIR is permitted to determine whether an investigation of any potential violation of this act if an employer is found to have an annual injury rate at or over one and one-half times the average annual injury rate for the relevant North American Industry Classification System codes, based on data reported to the federal Occupational and Safety and Health Administration.

Employers are required to make quarterly reports to DOLIR disclosing any artificial intelligence-related job impact experienced by the entity in the state, as described more fully in the act. The Director of DOLIR shall impose civil monetary penalties on an employer in violation of this provision. For each violation, a penalty of $500 shall be imposed. In the case of willful or repeated violations, an additional amount of not less than $1,000 and not more than $3,000 shall be imposed.

The Director of DOLIR is required to make quarterly reports based on data reported by employers who filed reports pursuant to this act.

All dollar amounts in this act are subject to a cost of living adjustment on July 1 of each year by the Director of DOLIR.
SCOTT SVAGERA

Current Bill Text

Read the full stored bill text

SECOND REGULAR SESSION
SENATE BILL NO. 1654
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WEBBER.
7111S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 290, RSMo, by adding thereto eight new sections relating to work performance
standards for employees of certain warehouse distribution centers, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 290, RSMo, is amended by adding thereto 1
eight new sections, to be known as sections 290.160, 290.161, 2
290.162, 290.163, 290.164, 290.165, 290.166, and 290.167, to 3
read as follows:4
290.160. As used in sections 290.161 to 290.167, 1
unless the context indicates otherwise, the following terms 2
mean: 3
(1) "Artificial intelligence", a machine-based system 4
that can, for a given set of human-defined objectives, make 5
predictions, recommendations, or decisions influencing real 6
or virtual environments. Artificial intelligence systems 7
use machine and human-based inputs to: 8
(a) Perceive real and virtual environments; 9
(b) Abstract such perceptions into models through 10
analysis in an automated manner; and 11
(c) Use model inference to formulate options for 12
information or action; 13
(2) "Designated employee representative", any 14
representative designated by an employee, including an 15
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employee representative that has a collective bargaining 16
relationship with the covered employer of the covered 17
employee. A designated employee representative shall not 18
include a worker's employer; 19
(3) "Employee", an individual who is employed at a 20
warehouse distribution center and who is not exempt from the 21
minimum wage and overtime requirements of the Fair Labor 22
Standards Act of 1938, as amended from time to time. 23
"Employee" does not include a driver or courier traveling to 24
or from a warehouse distribution center; 25
(4) "Employer", an individual, corporation, 26
partnership, limited partnership, limited liability 27
partnership, limited liability company, business trust, 28
estate, trust, association, joint venture, agency, 29
instrumentality, or any other legal or commercial entity, 30
whether domestic or foreign, that directly or indirectly, or 31
through an agent or any other person, including through the 32
services of a third-party employer, temporary services, 33
staffing agency, independent contractor or any similar 34
entity, at any time in the prior twelve months, employs or 35
exercises control over the wages, hours, or working 36
conditions of fifty or more employees at a single warehouse 37
distribution center in the state or one thousand or more 38
employees at one or more warehouse distribution centers in 39
the state; 40
(5) "Warehouse distribution center", an establishment 41
as defined by any of the following North American Industry 42
Classification System Codes, however such establishment is 43
denominated: (A) 493110 for General Warehousing and Storage; 44
(B) 423 for Merchant Wholesalers, Durable Goods; (C) 424 for 45
Merchant Wholesalers, Nondurable Goods; (D) 454110 for 46
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Electronic Shopping and Mail-Order Houses; or (E) 492110 for 47
Couriers and Express Delivery Services; 48
(6) "Work performance standard", an expectation set by 49
an employer for an employee; 50
(7) "Work speed data", information an employer 51
collects, stores, analyzes, or interprets relating to an 52
individual employee's work performance, including, but not 53
limited to, quantities of tasks performed, quantities of 54
items or materials handled or produced, rates or speeds of 55
tasks performed, measurements or metrics of employee 56
performance, and time categorized as performing tasks or not 57
performing tasks. "Work speed data" does not include wage 58
statements or data an employer collects, stores, analyzes, 59
or interprets that does not relate to the work performance, 60
except for any content of such records that includes work 61
speed data. 62
290.161. 1. Upon hiring an employee, an employer 1
shall provide to such employee a written description of each 2
work performance standard to which such employee is subject, 3
including any potential adverse employment action that may 4
result from a failure to satisfy such work performance 5
standard. Such written description shall be provided to an 6
employer's current employees not later than October 1, 2026. 7
2. Whenever an employer makes a change to an existing 8
work performance standard for an employee, the employer 9
shall: 10
(1) Notify the employee of such change as soon as 11
possible, either verbally or in writing, and prior to the 12
effective date of such new standard; 13
(2) Provide the employee with a written description of 14
the new work performance standard to which such employee is 15
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subject not later than two business days after the change is 16
made; and 17
(3) Any written description required pursuant to this 18
section shall be provided directly to an employee by a human 19
manager during such employee's work hours. 20
3. An employer shall not impose any work performance 21
standard that: 22
(1) Interferes with an employee's use of the bathroom 23
facilities, including reasonable travel time to and from the 24
bathroom facilities; 25
(2) Sets a performance standard that measures an 26
employee's total output over an increment of time that is 27
shorter than such employee's work day; 28
(3) Requires an employee to work for three or more 29
consecutive hours without a period of at least ten 30
consecutive minutes for a rest break, given at some time 31
after the first hour of work and before the last hour; 32
(4) Requires employees to work more than forty hours 33
in a seven-day period or ten hours in a twenty-four hour 34
period, unless the employee agrees in writing or in a 35
similar format and is paid a one hundred fifty dollar 36
premium in addition to their wages and any overtime premium 37
pay required under state or federal law; 38
(5) Requires employees to work consecutive shifts with 39
less than twelve hours of time elapsing between the shifts, 40
unless the employee agrees in writing or in a similar format 41
and is paid a one hundred fifty dollar premium in addition 42
to their wages; or 43
(6) Require an employee to perform duties outside of 44
the scope of such employee's regular job duties for more 45
than three hours a week. 46
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4. An employer shall not take an adverse employment 47
action against an employee for failure to meet a work 48
performance standard that: 49
(1) Violates subsection 3 of this section; 50
(2) Was not described to the employee in accordance 51
with subsection 2 of this section; 52
(3) Is based solely on ranking the performance of the 53
employee in relation to the performance of another employee 54
or in relation to the past performance of that employee; 55
(4) Is based on continuously measuring, recording, or 56
tallying increments of time within a defined time period 57
during which an employee is or is not doing a particular 58
activity; or 59
(5) Is based primarily on work speed data collected 60
through automated electronic monitoring. 61
5. An employee may request to speak in person with a 62
human manager during such employee's work hours. An 63
employer shall assign a human manager authorized to make 64
decisions related to discipline to respond not later than 65
thirty minutes after such a request. An employee may not 66
make more than one request per every two hours under this 67
section. 68
6. An employer shall not discipline or terminate an 69
employee based on failure to meet a performance standard 70
unless it has provided prior written notice of such action. 71
Such notice shall include the following: 72
(1) A plain language description of the reasons for 73
the discipline or termination; 74
(2) The effective date of the discipline or 75
termination; and 76
(3) Any and all records relied upon to substantiate 77
the discipline or termination. 78
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7. In the case of a termination based on failure to 79
meet a work performance standard, the employer shall notify 80
the employee of the termination of their employment at least 81
fourteen days before such termination becomes effective, as 82
well as upon the effective date of termination. The time 83
period between a first warning or discipline and termination 84
shall be not less than thirty days, and the employer may not 85
rely on a warning or discipline issued more than one year in 86
the past to justify a termination. 87
290.162. 1. (1) Each employer shall establish, 1
maintain, and preserve contemporaneous, true, and accurate 2
records of the following: 3
(a) Each individual employee's work performance 4
records; 5
(b) The aggregated work performance records for 6
similar employees at the same warehouse distribution center; 7
(c) The work performance standard provided to each 8
employee pursuant to section 290.161; and 9
(d) The written notice provided to a terminated 10
employee pursuant to subsection 8 of section 290.161. 11
(2) The records required by this subsection shall be 12
maintained for a period of three years. Nothing in this 13
section shall require an employer to establish, maintain, 14
and preserve the records required pursuant to this section 15
if such employer does not assign or require work performance 16
standards or collect, store, analyze, or interpret work 17
performance data. 18
2. An employee, or a designated employee 19
representative of such employee, may request from such 20
employee's employer: 21
(1) A written description of the work performance 22
standard the employee is subject to; 23
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(2) A copy of the employee's personal work speed data 24
for the prior ninety days; 25
(3) A copy of aggregated work speed data for similar 26
employees at the same warehouse distribution center for the 27
prior ninety days; and 28
(4) Any notices of discipline issued to such employee 29
in the prior year. 30
3. (1) A former employee, or a designated employee 31
representative of such employee, may request from a former 32
employer: 33
(a) A written description of each work performance 34
standard the employee was subject to for the ninety days 35
prior to the employee's separation from employment with such 36
employer; 37
(b) A copy of the employee's personal work speed data 38
for the ninety days prior to such employee's separation from 39
employment with such employer; 40
(c) A copy of aggregated work speed data for similar 41
employees at the same warehouse distribution center for the 42
ninety days prior to such employee's separation from 43
employment with such employer; and 44
(d) Any notices of discipline issued to such former 45
employee in the calendar year prior to the termination. 46
(2) A former employee may only make one request under 47
this section. 48
4. An employer shall provide a written copy of any 49
records requested pursuant to this section not later than 50
five calendar days after receipt of such request. Such 51
written copy shall be provided: 52
(1) In both English and the primary language of the 53
employee requesting such records; and 54
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(2) (a) For a current employee, directly to the 55
employee requesting such records by a manager during such 56
employee's work hours; or 57
(b) For a former employee, either at a mutually 58
convenient time or via a mutually convenient delivery method. 59
290.163. 1. An employer shall not commence a 1
reduction of force resulting in an employment loss at a 2
single site of employment during any thirty day period for 3
fifty or more employees unless such employer has offered a 4
new employment position to each employee who may reasonably 5
be expected to experience an employment loss as a 6
consequence of such a reduction in force. Such a position 7
shall be: 8
(1) Comparable with regard to wages, hours, benefits, 9
working conditions, and job duties; 10
(2) Within a reasonable commuting distance from the 11
affected site of employment; and 12
(3) Offered in writing at least thirty days prior to 13
the commencement of such a reduction in force. 14
2. If an employer discharges an employee, the employer 15
shall pay the employee two weeks of severance pay plus an 16
additional day of severance pay for each two months that the 17
employee has worked for the employer. One week of severance 18
pay shall be calculated based on the employee's average 19
weekly earnings including overtime pay received during the 20
employee's most recent twelve months of employment, or 21
received during the duration of the employee's employment if 22
the duration of the employment has been less than twelve 23
months. A day of severance pay shall be equal to one week 24
of severance pay divided by five. 25
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290.164. 1. An employer shall not discharge or in any 1
way retaliate, discriminate, or take any adverse action 2
against any employee or former employee for: 3
(1) Making a request pursuant to section 290.161 or 4
290.162; 5
(2) Declining to work more than forty hours in a week, 6
more than ten hours in a day, or consecutive shifts with 7
less than twelve hours between the shifts; or 8
(3) Filing a civil action pursuant to section 290.165. 9
2. If an employer discharges or in any way retaliates, 10
discriminates, or takes any adverse action against any 11
employee or former employee within ninety days after such 12
employee engages in or attempts to engage in the activities 13
described in subsection 1 of this section, there shall be a 14
rebuttable presumption that such adverse action is in 15
violation of this section. Such presumption may be rebutted 16
by clear and convincing evidence that the: 17
(1) Adverse action was taken for other permissible 18
reasons; and 19
(2) Employee engaging or attempting to engage in the 20
activities described in subsection 1 of this section was not 21
a motivating factor in the employer taking such adverse 22
action. 23
290.165. 1. (1) An employee aggrieved by a violation 1
of sections 290.161 to 290.164, or the attorney general on 2
behalf of an employee aggrieved by a violation of sections 3
290.161 to 290.164, may bring a civil action in circuit 4
court or any other court of competent jurisdiction to 5
recover damages, civil penalties, and such equitable and 6
injunctive relief as the court deems appropriate. An 7
employer who violates the provisions of sections 290.161 to 8
290.164 shall be liable to a plaintiff for statutory damages 9
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of not less than five thousand dollars nor more than seven 10
thousand five hundred dollars per violation in addition to 11
economic damages. A court shall have discretion to 12
determine the amount in light of the severity of the 13
violation and any history of prior violations. A 14
complainant who prevails in such a civil action shall be 15
awarded reasonable attorney's fees and costs to be taxed by 16
the court. An employer who violates a provision of section 17
290.161 to 290.164 may be assessed a civil penalty by the 18
court of: 19
(a) One thousand dollars for a first violation; 20
(b) Two thousand dollars for a second violation; or 21
(c) Three thousand dollars for a third or subsequent 22
violations. 23
(2) An employer who fails to pay in full required 24
severance pay shall be liable for payment of the required 25
severance pay, plus an additional two times the unpaid 26
amount as liquidated damages. 27
2. The director of the department of labor and 28
industrial relations shall monitor the injury rates of 29
employees working in warehouse distribution centers in the 30
state. If an employer is found to have an annual injury 31
rate at or over one and one-half times the average annual 32
injury rate for the relevant North American Industry 33
Classification System Codes, based on data reported to the 34
federal Occupational and Safety and Health Administration, 35
the director of the department of labor and industrial 36
relations shall determine whether an investigation 37
concerning potential violations of sections 290.161 to 38
290.164 is appropriate. 39
290.166. 1. Not more than thirty days after the last 1
day of each quarter, an employer shall, with respect to the 2
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preceding quarter, disclose to the director of the 3
department of labor and industrial relations any artificial 4
intelligence-related job impact experienced by the entity in 5
the state of Missouri, including: 6
(1) The number of individuals laid off by the employer 7
in the state of Missouri during the quarter that are 8
substantially due to the replacement or automation by 9
artificial intelligence of the functions performed by such 10
individuals; 11
(2) The number of individuals hired by the employer in 12
the state of Missouri during the quarter that are 13
substantially due to the incorporation of artificial 14
intelligence; 15
(3) The number of positions at the employer's 16
establishments in the state of Missouri that were occupied 17
at any point during the prior quarter for which the employer 18
has decided not to fill based on a reason that is 19
substantially due to the replacement or automation by 20
artificial intelligence of the functions of such positions; 21
(4) The number of individuals in the state of Missouri 22
whom the employer is retraining, or assisting in retraining, 23
based on a reason that is substantially due to artificial 24
intelligence; and 25
(5) Any other information related to artificial 26
intelligence-related job impacts, as determined appropriate 27
by the director at the department of labor and industrial 28
relations. 29
2. With respect to each artificial intelligence- 30
related job impact disclosure under section 290.166, the 31
employer shall provide in such disclosure the corresponding 32
North American Industry Classification System Codes. 33
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3. The director of the department of labor and 34
industrial relations shall impose civil monetary penalties 35
on an employer in violation of this section as follows. For 36
each violation, a penalty of five hundred dollars shall be 37
imposed. In the case of willful or repeated violations, an 38
additional amount of not less than one thousand dollars and 39
not more than three thousand dollars shall be imposed. 40
4. The director of the department of labor and 41
industrial relations shall: 42
(1) For each quarter, prepare a report summarizing the 43
data from disclosures submitted under subsection 1 of this 44
section during the quarter; and for the quarter ending on 45
December thirty-first, summarizing such data for the 46
calendar year; 47
(2) For every other quarter, prepare a report 48
analyzing the net impact of the data contained in the report 49
under subdivision (1) of this subsection for such quarter 50
and for the preceding quarter, and any other relevant data 51
available to the director of the department of labor and 52
industrial relations with respect to artificial intelligence- 53
related job impacts; and 54
(3) Not more than sixty days after the last day of 55
each quarter publish each report prepared for the quarter 56
under subdivision (1) of this subsection and, as applicable, 57
subdivision (2) of this subsection, and the data underlying 58
such reports on the website of the department of labor and 59
industrial relations; and submit each such report to the 60
speaker of the house of representatives and the president 61
pro tempore of the senate. 62
290.167. Effective July 1, 2027, and each subsequent 1
July first after that, the director of the department of 2
labor and industrial relations shall increase all of the 3
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dollar amounts specified in sections 290.161 to 290.166 in 4
proportion to the increase, if any, during the most recent 5
twelve month period for which data is available when the 6
increase is announced, in the consumer price index for all 7
urban wage earners and clerical workers on a national and 8
seasonally unadjusted basis (CPI-W), or a successor index, 9
as calculated by the United States Department of Labor or a 10
successor agency. Such increases shall be announced by 11
April 1, 2027, and by April first of subsequent years. 12
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