The Atlanta Journal-Constitution
CALIFORNIA 1ST TO SET QUOTA LIMITS FOR MEGA-RETAILERS
SACRAMENTO, CALIF. — California on Wednesday became the first state to bar mega-retailers from firing warehouse workers for missing quotas that interfere with bathroom and rest breaks under a new law signed by Gov. Gavin Newsom that grew from Amazon’s drive to speed goods to consumers more quickly.
The situation
The measure also bars Amazon, the online retail giant, and similar companies from disciplining workers for following health and safety laws and allows employees to sue to suspend unsafe quotas or reverse retaliation. The bill applies to all warehouse distribution centers, though proponents were driven by Amazon’s dominance.
“We cannot allow corporations to put profit over people,” Newsom, a Democrat, said in a news release announcing he had signed the law.
About the law
The law, AB 701, was authored by Democratic Assemblywoman Lorena Gonzalez, a lawyer and former labor leader. She accused Amazon of disciplining warehouse workers at the direction of “an algorithm” that tracks employees’ activities and can determine that anything not directly related to moving packages is “off-task.”
“Amazon is pushing workers to risk their bodies for next-day delivery, while they can’t so much as use the restroom without fearing retaliation ,” gonzalez said when the Legislature passed her bill.
How it protects workers
Workers who think their quotas lead to unsafe behavior can ask for 90 days’ worth of documentation of how their work speed meets or fails the quota. Any discipline within that 90 days is presumed to be retaliation, as is any discipline within 90 days of an employee complaining to the company or a state agency about an unsafe quota.