KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Virginia

SB120 • 2026

Warehouse distribution center; requirements, protection of employees, civil penalty, civil action.

<p class=ldtitle>A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12, relating to protection of employees; warehouse distribution center requirements; civil penalty; civil action.</p>

Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Carroll Foy
Last action
2026-02-02
Official status
Failed
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how employees can request information about work speed data, only that they have a right to do so under certain conditions.

Warehouse Distribution Center Requirements and Employee Protection

This bill adds requirements for warehouse employers, including providing written performance standards to employees and prohibiting retaliation for bathroom use, with penalties for violations.

What This Bill Does

  • Defines a 'warehouse distribution center' as specific types of businesses based on NAICS codes.
  • Requires warehouse employers to give new hires a written description of performance standards within 30 days of hiring.
  • Prohibits warehouse employers from taking adverse actions against employees for using bathroom facilities, including reasonable travel time.
  • Allows warehouse employees to request information about quotas and work speed data from their employer.
  • Imposes civil penalties up to $5,000 per violation if a warehouse employer fails to comply with the requirements.

Who It Names or Affects

  • Warehouse employers
  • Employees working in warehouse distribution centers

Terms To Know

warehouse distribution center
A business establishment that corresponds to specific NAICS codes related to warehousing and storage.
performance standard
The criteria set by a warehouse employer for employee performance, including quotas and time-off-task requirements.

Limits and Unknowns

  • Details on how employees can request information about work speed data are limited.
  • The bill was enacted but did not pass the final legislative process as it failed to report in Commerce and Labor committee.

Bill History

  1. 2026-02-02 Commerce and Labor

    Failed to report (defeated) in Commerce and Labor (5-Y 8-N 2-A)

  2. 2026-01-30 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB120)

  3. 2026-01-05 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26100654D

  4. 2026-01-05 Commerce and Labor

    Referred to Committee on Commerce and Labor

Official Summary Text

Protection of employees; warehouse distribution center requirements; civil penalty; civil action.
Provides

that a warehouse employer, as defined in the bill, that violates the bill's provisions shall be liable to an impacted warehouse employee, as defined in the bill, for certain remedies, damages, and other relief as specified in the bill. The bill requires a warehouse employer to provide each warehouse employee a written description of each performance standard to which such employee is subject and of any potential adverse employment action that may result from such employee's failure to meet such performance standard. The bill prohibits a warehouse employer from taking an adverse action against a warehouse employee for such employee's use of a bathroom facility. The bill provides that a warehouse employer that violates the bill's provisions relating to warehouse employees is subject to a civil penalty not to exceed $5,000 for each violation.

Current Bill Text

Read the full stored bill text 
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered
40.1-28.7:12
, relating to protection of employees; warehouse distribution center requirements; civil penalty; civil action.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered
40.1-28.7:12
as follows:

§
40.1-28.7:12
.
Warehouse
distribution center
requirements
; civil penalty; civil action
.

A. As used in this section:

"Warehouse distribution center" means a business establishment that corresponds to any of the following North American Industry Classification System (NAICS) codes: general warehousing and storage (NAICS 493110); merchant wholesalers, durable goods (NAICS 423000); merchant wholesalers, nondurable goods (NAICS 424000); electronic shopping and mail-order houses (NAICS 454110); and couriers and express delivery services (NAICS 492100).

"Warehouse employee" means an employee performing work or based at a warehouse distribution center.

"Warehouse employer" means an employer that operates a warehouse distribution center.

B. A warehouse employer shall provide to each warehouse employee, within 30 days after hiring such employee, a written description of (i) each performance standard, including any quota, stacked ranking system, or time-off-task requirement, to which such employee is subject and (ii) any potential adverse employment action that may result from such employee's failure to meet such performance standard. If a warehouse employer changes or adds a performance standard, such employer shall provide an updated written description of such performance standard at least two business days before such change or addition. A warehouse employer that takes adverse action against a warehouse employee for such employee's failure to meet a performance standard shall provide such employee with a written description of such failure. No warehouse employer shall take adverse employment action against a warehouse employee for such employee's use of a bathroom facility, including reasonable travel time to and from such facility. Nothing in this subsection shall be construed to require a
warehouse
employer to use a performance standard or to monitor
warehouse
employee work

speed data, and any
warehouse
employer that does not use performance standards or monitor such data is exempt from the provisions of this subsection.

C. Warehouse employees shall have the right to request orally or in writing from their
warehouse
employer, or a direct supervisor or other representative designated by
such
employer, and
such
employer shall provide within four business days (i) a written description of each quota to which the
warehouse
employee is subject, (ii) a copy of the most recent 90 days of the
warehouse
employee's own personal employee work speed data, and (iii) a copy of the most recent 90 days of aggregated employee work speed data for similar
warehouse
employees at the same worksite. The written description of each quota
shall
be provided in a manner understandable to the
war
ehouse
employee. A warehouse employee may make a request under this subsection no more than four times per year.

D. Any warehouse employer that fails to comply with the requirements of subsection B shall be subject to a civil penalty not to exceed $5,000 for each violation.

E. In addition to being subject to any other penalty provided by the provisions of this section, any warehouse employer that discharges, retaliates against, or adversely affects the compensation of a warehouse employee in violation of subsection B shall be liable for the payment of all wages due, and an additional equal amount as liquidated damages, plus interest at an annual rate of eight percent accruing from the date the wages were due.

F. In addition to any civil penalty provided by this section, and without regard to any exhaustion of alternative administrative remedies provided for in this section, if a warehouse employer fails to comply with the requirements of subsection B, the
warehouse
employee may bring an action, individually, jointly, with other aggrieved
warehouse
employees, or on behalf of similarly situated
warehouse
employees as a collective action consistent with the collective action procedures of the
federal
Fair Labor Standards Act, 29 U.S.C. § 216(b), against the warehouse employer to order compliance with the requirements of subsection B, and the court shall award injunctive relief and liquidated damages of $1,000 for each violation of the requirements of subsection B. If the court finds that the
warehouse
employer knowingly retaliated against a warehouse employee for bathroom facility use in violation of subsection B, the court shall award the
warehouse
employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. An action under this subsection shall be commenced within three years after the cause of action accrued.

G. As used in this section, a person acts "knowingly" if the person, with respect to information, (i) has actual knowledge of the information, (ii) acts in deliberate ignorance of the truth or falsity of the information, or (iii) acts in reckless disregard of the truth or falsity of the information. Establishing that a person acted knowingly shall not require proof of specific intent to defraud.