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H7364A
2026 -- H 7364 SUBSTITUTE A
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER
PROTECTION ACT
Introduced By:
Representatives Shanley, Slater, Bennett, Craven, and Knight
Date Introduced:
January 28, 2026
Referred To:
House Labor
It is enacted by the General Assembly as follows:
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SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"
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is hereby amended by adding thereto the following chapter:
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CHAPTER 61
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WAREHOUSE WORKER PROTECTION ACT
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28-61-1. Short title.
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This chapter shall be known and may be cited as the "Warehouse Worker Protection Act".
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28-61-2. Definitions.
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As used in this chapter:
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(1) "Defined time period" means any unit of time measurement equal to or less than the
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duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof.
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(2) "Department" means the department of labor and training.
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(3) "Director" means director of the department of labor and training.
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(4) "Employee" means a nonexempt employee who works at a warehouse distribution
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center.
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(5)(i) "Employee work speed data" means information an employer collects, stores,
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analyzes, or interprets relating to an individual employee's performance of a quota, including, but
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not limited to, quantities of tasks performed, quantities of items or materials handled or produced,
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rates or speeds of tasks performed, measurements or metrics of employee performance in relation
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to a quota, and time categorized as performing tasks or not performing tasks.
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(ii) "Employee work speed data" does not include qualitative performance assessments,
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personnel records, or itemized wage statements, except for any content of those records that
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includes employee work speed data, as defined in this definition.
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(6) "Employer" means a person who directly or indirectly, or through an agent or any other
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person, including through the services of a third-party employer, temporary service, or staffing
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agency or similar entity, employs or exercises control over the wages, hours, or working conditions
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of one hundred (100) or more employees at a single warehouse distribution center or one thousand
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(1,000) or more employees at one or more warehouse distribution centers in the state.
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(7) "Person" means an individual, corporation, partnership, limited partnership, limited
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liability partnership, limited liability company, business trust, estate, trust, association, joint
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venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or
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foreign.
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(8) "Quota" means a work standard under which an employee is assigned or required to
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perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or
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produce a quantified amount of material, within a defined time period and under which the
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employee may suffer an adverse employment action, if the employee fails to complete the
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performance standard.
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(9)(i) "Warehouse distribution center" means an establishment as defined by any of the
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following North American Industry Classification System (NAICS) Codes, however that
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establishment is denominated:
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(A) 493110 for General Warehousing and Storage.
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(B) 423 for Merchant Wholesalers, Durable Goods.
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(C) 424 for Merchant Wholesalers, Nondurable Goods.
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(D) 454110 for Electronic Shopping and Mail-Order Houses.
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28-61-3. Disclosure of quotas.
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(a) Each employer shall provide to each employee, upon hire, a written description of each
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quota to which the employee is subject, including the quantified number of tasks to be performed
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or materials to be produced or handled, within the defined time period, and any potential adverse
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employment action that could result from the failure to meet the quota. The requirement to disclose
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also applies to any changes in the quota.
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(b) Nothing in this section requires an employer to use quotas or monitor work speed data.
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An employer that does not monitor this data, has no obligation to provide it.
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(c) New or modified quotas shall be disclosed in writing at least two (2) days in advance
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or their implementation and include notice of the effective date. No disciplinary action which
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relates to an employee's compliance with a new or modified quota shall be taken until at least two
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(2) days following the required written disclosure.
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28-61-4. Meals and rest periods.
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An employee shall not be required to meet a quota that prevents compliance with meal or
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rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom
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facilities, or occupational health and safety laws in the labor laws or department standards. An
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employer shall not take adverse employment action against an employee for failure to meet a quota
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that does not allow a worker to comply with meal and rest periods, use of bathroom facilities, or
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occupational health and safety laws, labor laws, or for failure to meet a quota that has not been
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disclosed to an employee.
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28-61-5. Employee information request.
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(a) Employees may request from the employer the written description of the quota, and a
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copy of the employee's own speed data as well as the aggregated work speed data for comparable
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employees working in the facility.
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(b) Upon request from an employee under subsection (a) of this section, the employer shall
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have twenty-one (21) days to provide information on the employee's own speed data as well as the
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aggregated work speed data for comparable employees working in the facility. Each employee can
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make no more than one request for data every ninety (90) days unless there is a pending disciplinary
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action or the request is made contemporaneous with an employee performance review. The
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employer shall include, on its written notice of new or modified quotas, the manner in which an
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employee can request this data.
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28-61-6. Unlawful retaliation.
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There shall be a rebuttable presumption of unlawful retaliation if an employer in any
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manner discriminates, retaliates, or takes any adverse action against any employee because an
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employee exercises their rights pursuant to this chapter. The rebuttable presumption of unlawful
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retaliation shall only be in place for ninety (90) days following the employee's exercise of rights
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under this chapter or the termination of their employment. Following that, the employee's burden
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of proof shall be a preponderance of evidence standard.
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28-61-7. Enforcement.
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(a) The department of labor and training shall adopt rules to implement and enforce this
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chapter. The director shall be authorized to enforce this chapter and to assess damages payable to
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the employee and civil penalties.
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(b) A current or former employee may bring an action for injunctive relief to obtain
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compliance with this chapter and may, upon prevailing, recover costs and reasonable attorney's
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fees.
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28-61-8. Severability.
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The provisions of this chapter are severable. If any provision or its application is held
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invalid, that invalidity shall not affect other provisions or applications that can be given effect
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without the invalid provision or application.
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SECTION 2. This act shall take effect on January 1, 2027.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- WAREHOUSE WORKER
PROTECTION ACT
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This act would require employers to provide each employee, defined as a nonexempt
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employee who works at a warehouse distribution center, upon hire, with a written description of
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each quota to which the employee is subject, including the quantified number of tasks to be
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performed or materials to be produced or handled, within the defined time period and any potential
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adverse employment action that could result from failure to meet the quota.
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This act would take effect on January 1, 2027.
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