What happened?

The Washington State Department of Labor & Industries (L&I) has released a preliminary draft of the rules it is developing regarding quotas at warehouse distribution centers.

What are the details?

As previously communicated by Vensure in our monthly updates here, House Bill 1762 became law and mandates a series of protections and prohibitions for warehouse distribution center workers regarding production quotas.

On October 11, 2023, the process initiated and jointly coordinated by the: 

• The Division of Occupational Safety and Health (FPLS)  
• Fraud Prevention and Labor Standards (FPLS).  

As codified in Chapter 49.84 RCW, L&I is now accepting written comments on the preliminary draft through December 8, 2023. Here are topics employers can consider reviewing and commenting on:

1. Quota Time Periods and Reasonable Travel Time.
2. General definitions.
3. Employer recordkeeping requirements.
4. Enforcement and Retaliation.

Best practices

• Create, review, and incorporate necessary policies and practices that are relevant to your business and compliant with the requirements.
• Consider monitoring the L&I preliminary draft rule to see if further adjustments are needed.
• Although the drafts have remarkably similar sections, employers should consider reviewing each one carefully due to its differences.
• Consider a communication plan and training for your managers, leaders, and employees.
• Consult with a labor attorney for further guidance if needed.
• For employers that want to submit a written comment, they can do so by sending it here.

Employers should review additional resources here:

• Vensure communication 17 May 2023
• L&I Official Notice for Rulemaking
• CR-101 Preproposal
• FPLS Preliminary Warehouse Protections Language
• DOSH Preliminary Warehouse Protections Language

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