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Washington L&I Releases Preliminary Draft of Rules Regarding Quotas at Warehouse Distribution Centers

13 Dec

Update Applicable to:  Effective date
All employers with 100 or more employees at a warehouse distribution center in the state.  Chapter 49.84 RCW becomes effective July 1, 2024.   Comments for the preliminary draft rule can be made through December 8, 2023.

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:

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Washington PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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