HB 2332 — 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
 1   Requiring certain warehouses to provide written descriptions of
 2      employment quotas; imposing powers and duties on the
 3      Department of Labor and Industry; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Warehouse
 8   Worker Protection Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Adverse employment action."   Discrimination, dismissal,
14   discipline, discharge or any other decision adverse to the
15   employee.
16      "Aggregated data."    Data, information and statistics compiled
17   by an employer that is analyzed to measure employees'
18   performance and that cannot be identified with any individual
 1   employee.
 2      "Authorized employee representative."     An employee authorized
 3   by employees or the designated representative of a labor
 4   organization that has a collective bargaining relationship with
 5   the cited employer and that represents affected employees who
 6   are members of the collective bargaining agreement.
 7      "Defined time period."     Any unit of time measure equal to or
 8   less than the duration of an employee's shift and includes
 9   hours, minutes, seconds and any fraction thereof.
10      "Department."     The Department of Labor and Industry of the
11   Commonwealth.
12      "Employee."     An individual who works at a warehouse
13   distribution center that is subject to a quota.
14      "Employer."     The term shall mean the same as defined under
15   section 103 of the act of June 2, 1915 (P.L.736, No.338), known
16   as the Workers' Compensation Act.
17      "Monetary damages."     Financial compensation awarded to a
18   party that suffered a loss or injury as a result of the other
19   party's actions.
20      "Person."    An individual, corporation, partnership, limited
21   partnership, limited liability partnership, limited liability
22   corporation, business trust, estate, trust, association, joint
23   venture, agency, instrumentality or any other legal or
24   commercial entity, whether domestic or foreign.
25      "Personal work speed data."     As follows:
26          (1)     Data, information and statistics collected, stored,
27      analyzed or interpreted by an employer relating to an
28      employee's performance of a quota, including quantities of
29      tasks performed, quantities of items or materials handled or
30      produced, rates or speed of tasks performed, measurements or

20260HB2332PN3106                    - 2 -
 1      metrics of employee performance in relation to a quota, and
 2      time categorized as performing and not performing tasks to
 3      meet a quota.
 4            (2)   The term does not include personnel records,
 5      itemized wage statements or qualitative performance
 6      assessments.
 7      "Quota."    A standard in which an employee is assigned or
 8   required to perform at a specific speed of production, complete
 9   a quantifiable number of tasks or handle or produce a
10   quantifiable number of materials within a defined time period
11   and under which the employee may receive adverse employment
12   action for failure to meet the standards, whether an employee's:
13            (1)   actions are categorized and measured between time
14      performing tasks and not performing tasks within an assigned
15      work shift; or
16            (2)   performance is ranked in relation to the performance
17      of other employees.
18      "Warehouse distribution center."     An entity with at least 100
19   employees which is engaged in activities defined by the North
20   American Industry Classification System under the following
21   codes:
22            (1)   423 Merchant Wholesalers, Durable Goods.
23            (2)   424 Merchant Wholesalers, Nondurable Goods.
24            (3)   492110 Couriers and Express Delivery Services.
25            (4)   493 Warehousing and Storage.
26      "Work speed data."    Information and statistics collected,
27   stored, analyzed or interpreted by employers regarding an
28   individual employee's performance, including metrics such as
29   quantities of tasks performed, quantities of items or materials
30   handled or produced, rates or speeds of tasks performed or

20260HB2332PN3106                    - 3 -
 1   completed, measurements or metrics of employee performance in
 2   relation to a quota productivity goal or comparison to other
 3   employees, and time categorized as performing tasks or not
 4   performing tasks.
 5   Section 3.     Notification of quotas.
 6      Employees shall be notified of employee quotas in accordance
 7   with the following:
 8            (1)   An employer shall provide to each employee, upon
 9      hire or within 30 days of the effective date of this
10      paragraph, written and verbal notification of:
11                  (i)    Each quota that the employee is required to
12            comply with, including the quantified number of tasks to
13            be performed or materials to be handled or produced in a
14            defined time period.
15                  (ii)    Potential adverse employment actions that could
16            result from failure to meet each quota.
17                  (iii)    Incentives or bonus programs associated with
18            meeting or exceeding each quota.
19            (2)   Updates to quotas that the employee is required to
20      comply with shall be provided by the employer to the employee
21      through written and verbal notice within five full business
22      days prior to enforcement of the quota.
23            (3)   Written notices of quotas shall be in a language
24      that the employee speaks.
25   Section 4.     Prohibitions.
26      (a)   Adverse employment actions.--An employer may not take
27   adverse employment action against an employee for failure to
28   comply with a quota if the employer fails to provide adequate
29   notice of the quota as required under section 3.
30      (b)   Quotas.--An employee shall not be required to meet a

20260HB2332PN3106                       - 4 -
 1   quota that:
 2            (1)   Has not been previously disclosed.
 3            (2)   Prevents compliance with any meal or rest period,
 4      whether provided by the employer or mandated by law.
 5            (3)   Prevents necessary use of bathroom facilities,
 6      including adequate time to travel to and from bathroom
 7      facilities.
 8            (4)   Prevents an employee from taking breaks of 20
 9      minutes or less for employees who work less than five hours.
10            (5)   Measures total output over an increment of time that
11      is shorter than one day.
12            (6)   Ranks employees in relation to the performance of
13      other employees.
14            (7)   Prohibits an employee from complying with Federal or
15      State laws or regulations relating to occupational safety
16      standards.
17      (c)   Time periods.--A time period considered in a quota,
18   including time designated as productive time or time on a task,
19   shall include:
20            (1)   Time for rest breaks and reasonable time to travel
21      to designated locations for rest breaks.
22            (2)   Time for meal breaks and reasonable time to travel
23      to on-site designated meal break locations. Meal breaks shall
24      be considered time on task or productive time if the employee
25      is required by the employer to remain on duty on the
26      premises, at a prescribed worksite in the interest of the
27      employer or if the employee is required to remain on call.
28            (3)   Time to use bathroom facilities, including
29      reasonable time to travel to and from bathroom facilities.
30            (4)   Time to perform an activity required by the employer

20260HB2332PN3106                    - 5 -
 1      that is subject to a quota.
 2            (5)   Time to take any actions necessary for the employee
 3      to exercise the employee's right to a safe workplace under
 4      law, including access to tools or safety equipment necessary
 5      to perform the employee's duties.
 6   Section 5.     Employer records.
 7      (a)   Creation.--If an employer has quotas, the employer shall
 8   create and maintain records of the following:
 9            (1)   Each employee's personal work speed data.
10            (2)   The aggregated work speed data for employees in the
11      same position at the same warehouse distribution center.
12            (3)   The written and electronic notification provided for
13      each quota to which the employee is required to comply.
14            (4)   Actions taken by the employer for the employee's
15      failure to meet a quota.
16      (b)   Time period.--An employer shall retain employees'
17   records for four years from the date the records were created.
18      (c)   Construction.--Nothing in this section shall be
19   construed to require an employer to collect or maintain records
20   if the employer does not utilize quotas or monitor an employee's
21   personal work speed data.
22   Section 6.     Request for records.
23      (a)   By employee.--At any time, an employee or authorized
24   employee representative of an employee may request a written and
25   electronic copy of:
26            (1)   A quota with which an employee is required to
27      comply.
28            (2)   The employee's own personal work speed data.
29            (3)   A copy of the prior six months of aggregated data
30      for employees in the same role or a role with a similar job

20260HB2332PN3106                       - 6 -
 1      description at the same warehouse distribution center.
 2      (b)   By separated employee.--Within three years of a
 3   separation from an employer, a separated employee may request
 4   the following information:
 5            (1)   Written and electronic copies of each quota with
 6      which an employee was required to comply.
 7            (2)   The employee's own personal work speed data.
 8            (3)   The prior six months of aggregated data for
 9      employees in the same role or a role with a similar job
10      description at the same warehouse distribution center.
11      (c)   Time period.--
12            (1)   An employer shall provide written and electronic
13      notification of quotas within five full business days of the
14      request by an employee or former employee.
15            (2)   An employer shall provide personal work speed data
16      and aggregated data within seven business days of the
17      request.
18      (d)   Costs.--An employer may not charge a fee to provide
19   records requested under this section.
20      (e)   Construction.--Nothing in this section shall be
21   construed to require an employer to use quotas or monitor work
22   speed data. If an employer does not monitor work speed data, the
23   employer is not required to provide records under this section.
24   Section 7.     Prohibition against adverse employment action.
25      (a)   General prohibition.--An employer, an agent or a person
26   acting as or on behalf of a hiring entity, or the officer or
27   agent of any entity, business, corporation, partnership or
28   limited liability company, may not take an adverse employment
29   action against an employee for:
30            (1)   Failure to meet a quota prohibited by this act.

20260HB2332PN3106                    - 7 -
 1             (2)   Requesting data as identified under section 6.
 2             (3)   Reporting violations of this act, Federal or State
 3      law, standards or regulations or any action protected by the
 4      act of December 12, 1986 (P.L.1559, No.169), known as the
 5      Whistleblower Law.
 6      (b)    Rebuttable presumption.--There shall be a rebuttable
 7   presumption that the adverse employment action is retaliatory if
 8   an employer takes adverse employment action against an employee
 9   or former employee within 90 days of the employee engaging or
10   attempting to engage in activities protected under this act,
11   unless:
12             (1)   The action was taken for other permissible reasons.
13             (2)   The engagement or attempt to engage in activities
14      protected by this act was not a motivating factor in the
15      adverse employment action.
16   Section 8.      Procedures for complaints.
17      (a)    Complaint form.--The department shall develop and post a
18   complaint form on the publicly accessible Internet website of
19   the department.
20      (b)    Complaint process.--An employee or former employee may
21   report failure to comply with this act to the department on the
22   complaint form developed under subsection (a).
23   Section 9.      Procedures for investigations.
24      (a)    Duty to investigate.--After a complaint under section 8
25   is filed, the department shall investigate the alleged violation
26   and conduct within a three-year period prior to the violation.
27   Within 120 days after the complaint was received, the department
28   shall issue a notice of violation to the employer.
29      (b)    Investigation.--When conducting an investigation, the
30   department may:

20260HB2332PN3106                     - 8 -
 1            (1)   Consolidate complaints as deemed appropriate by the
 2      department.
 3            (2)   Enter and inspect the warehouse distribution center.
 4            (3)   Request or subpoena records as the department may
 5      deem appropriate or necessary.
 6            (4)   Interrogate employees for the purposes of
 7      determining whether an employer is in compliance with this
 8      this act.
 9      (c)   Notification to employees.--An employer shall provide
10   written and electronic notification to employees that the
11   department is conducting an investigation.
12   Section 10.    Penalties.
13      Penalties shall be imposed in accordance with the following:
14            (1)   Following an investigation, a person found in
15      violation of this act shall be subject to an administrative
16      penalty of 10 times the monetary damages with a maximum
17      penalty of $10,000 per employee.
18            (2)   Penalties collected under this section shall be
19      appropriated to the department for the purposes of
20      enforcement of this act.
21            (3)   Penalties imposed under this section are subject to
22      2 Pa.C.S. Chs. 5. Subch. A (relating to practice and
23      procedure of Commonwealth agencies) and 7 Subch. A (relating
24      to judicial review of Commonwealth agency action).
25   Section 11.    Private right of action.
26      An employee or former employee who suffers adverse employment
27   action in violation of this act may commence a private right of
28   action against an employer to recover damages, costs and
29   reasonable attorney fees incurred.
30   Section 12.    Powers and duties.

20260HB2332PN3106                    - 9 -
1      (a)   Department.--The department may promulgate and enforce
2   regulations consistent with this act.
3      (b)   Attorney General.--The Office of Attorney General may
4   prosecute civil or criminal actions under this act.
5   Section 13.   Effective date.
6      This act shall take effect in 90 days.




20260HB2332PN3106                   - 10 -