An Act requiring certain warehouses to provide written descriptions of employment quotas; imposing powers and duties on the Department of Labor and Industry; and imposing penalties.

PRINTER'S NO. 3106
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2332
Session of
2026
INTRODUCED BY D. WILLIAMS, HARKINS, WAXMAN, FREEMAN, HILL-EVANS,
GOUGHNOUR, OTTEN, CEPEDA-FREYTIZ, SAMUELSON, MALAGARI,
MADDEN, PARKER AND SANCHEZ, MARCH 30, 2026
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 30, 2026
AN ACT
Requiring certain warehouses to provide written descriptions of
employment quotas; imposing powers and duties on the
Department of Labor and Industry; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Warehouse
Worker Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adverse employment action." Discrimination, dismissal,
discipline, discharge or any other decision adverse to the
employee.
"Aggregated data." Data, information and statistics compiled
by an employer that is analyzed to measure employees'
performance and that cannot be identified with any individual
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
employee.
"Authorized employee representative." An employee authorized
by employees or the designated representative of a labor
organization that has a collective bargaining relationship with
the cited employer and that represents affected employees who
are members of the collective bargaining agreement.
"Defined time period." Any unit of time measure equal to or
less than the duration of an employee's shift and includes
hours, minutes, seconds and any fraction thereof.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual who works at a warehouse
distribution center that is subject to a quota.
"Employer." The term shall mean the same as defined under
section 103 of the act of June 2, 1915 (P.L.736, No.338), known
as the Workers' Compensation Act.
"Monetary damages." Financial compensation awarded to a
party that suffered a loss or injury as a result of the other
party's actions.
"Person." An individual, corporation, partnership, limited
partnership, limited liability partnership, limited liability
corporation, business trust, estate, trust, association, joint
venture, agency, instrumentality or any other legal or
commercial entity, whether domestic or foreign.
"Personal work speed data." As follows:
(1) Data, information and statistics collected, stored,
analyzed or interpreted by an employer relating to an
employee's performance of a quota, including quantities of
tasks performed, quantities of items or materials handled or
produced, rates or speed of tasks performed, measurements or
20260HB2332PN3106 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
metrics of employee performance in relation to a quota, and
time categorized as performing and not performing tasks to
meet a quota.
(2) The term does not include personnel records,
itemized wage statements or qualitative performance
assessments.
"Quota." A standard in which an employee is assigned or
required to perform at a specific speed of production, complete
a quantifiable number of tasks or handle or produce a
quantifiable number of materials within a defined time period
and under which the employee may receive adverse employment
action for failure to meet the standards, whether an employee's:
(1) actions are categorized and measured between time
performing tasks and not performing tasks within an assigned
work shift; or
(2) performance is ranked in relation to the performance
of other employees.
"Warehouse distribution center." An entity with at least 100
employees which is engaged in activities defined by the North
American Industry Classification System under the following
codes:
(1) 423 Merchant Wholesalers, Durable Goods.
(2) 424 Merchant Wholesalers, Nondurable Goods.
(3) 492110 Couriers and Express Delivery Services.
(4) 493 Warehousing and Storage.
"Work speed data." Information and statistics collected,
stored, analyzed or interpreted by employers regarding an
individual employee's performance, including metrics such as
quantities of tasks performed, quantities of items or materials
handled or produced, rates or speeds of tasks performed or
20260HB2332PN3106 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
completed, measurements or metrics of employee performance in
relation to a quota productivity goal or comparison to other
employees, and time categorized as performing tasks or not
performing tasks.
Section 3. Notification of quotas.
Employees shall be notified of employee quotas in accordance
with the following:
(1) An employer shall provide to each employee, upon
hire or within 30 days of the effective date of this
paragraph, written and verbal notification of:
(i) Each quota that the employee is required to
comply with, including the quantified number of tasks to
be performed or materials to be handled or produced in a
defined time period.
(ii) Potential adverse employment actions that could
result from failure to meet each quota.
(iii) Incentives or bonus programs associated with
meeting or exceeding each quota.
(2) Updates to quotas that the employee is required to
comply with shall be provided by the employer to the employee
through written and verbal notice within five full business
days prior to enforcement of the quota.
(3) Written notices of quotas shall be in a language
that the employee speaks.
Section 4. Prohibitions.
(a) Adverse employment actions.--An employer may not take
adverse employment action against an employee for failure to
comply with a quota if the employer fails to provide adequate
notice of the quota as required under section 3.
(b) Quotas.--An employee shall not be required to meet a
20260HB2332PN3106 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
quota that:
(1) Has not been previously disclosed.
(2) Prevents compliance with any meal or rest period,
whether provided by the employer or mandated by law.
(3) Prevents necessary use of bathroom facilities,
including adequate time to travel to and from bathroom
facilities.
(4) Prevents an employee from taking breaks of 20
minutes or less for employees who work less than five hours.
(5) Measures total output over an increment of time that
is shorter than one day.
(6) Ranks employees in relation to the performance of
other employees.
(7) Prohibits an employee from complying with Federal or
State laws or regulations relating to occupational safety
standards.
(c) Time periods.--A time period considered in a quota,
including time designated as productive time or time on a task,
shall include:
(1) Time for rest breaks and reasonable time to travel
to designated locations for rest breaks.
(2) Time for meal breaks and reasonable time to travel
to on-site designated meal break locations. Meal breaks shall
be considered time on task or productive time if the employee
is required by the employer to remain on duty on the
premises, at a prescribed worksite in the interest of the
employer or if the employee is required to remain on call.
(3) Time to use bathroom facilities, including
reasonable time to travel to and from bathroom facilities.
(4) Time to perform an activity required by the employer
20260HB2332PN3106 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
that is subject to a quota.
(5) Time to take any actions necessary for the employee
to exercise the employee's right to a safe workplace under
law, including access to tools or safety equipment necessary
to perform the employee's duties.
Section 5. Employer records.
(a) Creation.--If an employer has quotas, the employer shall
create and maintain records of the following:
(1) Each employee's personal work speed data.
(2) The aggregated work speed data for employees in the
same position at the same warehouse distribution center.
(3) The written and electronic notification provided for
each quota to which the employee is required to comply.
(4) Actions taken by the employer for the employee's
failure to meet a quota.
(b) Time period.--An employer shall retain employees'
records for four years from the date the records were created.
(c) Construction.--Nothing in this section shall be
construed to require an employer to collect or maintain records
if the employer does not utilize quotas or monitor an employee's
personal work speed data.
Section 6. Request for records.
(a) By employee.--At any time, an employee or authorized
employee representative of an employee may request a written and
electronic copy of:
(1) A quota with which an employee is required to
comply.
(2) The employee's own personal work speed data.
(3) A copy of the prior six months of aggregated data
for employees in the same role or a role with a similar job
20260HB2332PN3106 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
description at the same warehouse distribution center.
(b) By separated employee.--Within three years of a
separation from an employer, a separated employee may request
the following information:
(1) Written and electronic copies of each quota with
which an employee was required to comply.
(2) The employee's own personal work speed data.
(3) The prior six months of aggregated data for
employees in the same role or a role with a similar job
description at the same warehouse distribution center.
(c) Time period.--
(1) An employer shall provide written and electronic
notification of quotas within five full business days of the
request by an employee or former employee.
(2) An employer shall provide personal work speed data
and aggregated data within seven business days of the
request.
(d) Costs.--An employer may not charge a fee to provide
records requested under this section.
(e) Construction.--Nothing in this section shall be
construed to require an employer to use quotas or monitor work
speed data. If an employer does not monitor work speed data, the
employer is not required to provide records under this section.
Section 7. Prohibition against adverse employment action.
(a) General prohibition.--An employer, an agent or a person
acting as or on behalf of a hiring entity, or the officer or
agent of any entity, business, corporation, partnership or
limited liability company, may not take an adverse employment
action against an employee for:
(1) Failure to meet a quota prohibited by this act.
20260HB2332PN3106 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Requesting data as identified under section 6.
(3) Reporting violations of this act, Federal or State
law, standards or regulations or any action protected by the
act of December 12, 1986 (P.L.1559, No.169), known as the
Whistleblower Law.
(b) Rebuttable presumption.--There shall be a rebuttable
presumption that the adverse employment action is retaliatory if
an employer takes adverse employment action against an employee
or former employee within 90 days of the employee engaging or
attempting to engage in activities protected under this act,
unless:
(1) The action was taken for other permissible reasons.
(2) The engagement or attempt to engage in activities
protected by this act was not a motivating factor in the
adverse employment action.
Section 8. Procedures for complaints.
(a) Complaint form.--The department shall develop and post a
complaint form on the publicly accessible Internet website of
the department.
(b) Complaint process.--An employee or former employee may
report failure to comply with this act to the department on the
complaint form developed under subsection (a).
Section 9. Procedures for investigations.
(a) Duty to investigate.--After a complaint under section 8
is filed, the department shall investigate the alleged violation
and conduct within a three-year period prior to the violation.
Within 120 days after the complaint was received, the department
shall issue a notice of violation to the employer.
(b) Investigation.--When conducting an investigation, the
department may:
20260HB2332PN3106 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Consolidate complaints as deemed appropriate by the
department.
(2) Enter and inspect the warehouse distribution center.
(3) Request or subpoena records as the department may
deem appropriate or necessary.
(4) Interrogate employees for the purposes of
determining whether an employer is in compliance with this
this act.
(c) Notification to employees.--An employer shall provide
written and electronic notification to employees that the
department is conducting an investigation.
Section 10. Penalties.
Penalties shall be imposed in accordance with the following:
(1) Following an investigation, a person found in
violation of this act shall be subject to an administrative
penalty of 10 times the monetary damages with a maximum
penalty of $10,000 per employee.
(2) Penalties collected under this section shall be
appropriated to the department for the purposes of
enforcement of this act.
(3) Penalties imposed under this section are subject to
2 Pa.C.S. Chs. 5. Subch. A (relating to practice and
procedure of Commonwealth agencies) and 7 Subch. A (relating
to judicial review of Commonwealth agency action).
Section 11. Private right of action.
An employee or former employee who suffers adverse employment
action in violation of this act may commence a private right of
action against an employer to recover damages, costs and
reasonable attorney fees incurred.
Section 12. Powers and duties.
20260HB2332PN3106 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Department.--The department may promulgate and enforce
regulations consistent with this act.
(b) Attorney General.--The Office of Attorney General may
prosecute civil or criminal actions under this act.
Section 13. Effective date.
This act shall take effect in 90 days.
20260HB2332PN3106 - 10 -
1
2
3
4
5
6