00                      CS FOR HOUSE BILL NO. 88(L&C)                                                                     
01 "An Act relating to work quotas for employees at warehouse distribution centers; and                                    
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 23.10 is amended by adding new sections to read:                                                   
05            Article 9. Work Quotas at Warehouse Distribution Centers.                                                  
06 Sec. 23.10.700. Application. The requirements in AS 23.10.700 - 23.10.725                                             
07 apply to an employer who directly or indirectly, including through a third-party                                        
08 employer, temporary service, or staffing agency, employs or exercises control over the                                  
09 wages, hours, or working conditions of 200 or more employees at a single warehouse                                      
10       distribution center or 1,000 or more employees at one or more warehouse distribution                              
11       centers in the state.                                                                                           
12 Sec. 23.10.705. Quota description. (a) Each employer subject to                                                     
13 AS 23.10.700 - 23.10.725 shall, by January 31, 2025, or upon hiring an employee,                                        
14 provide to an employee a written description of each quota that applies to the                                          

01       employee.                                                                                                         
02            (b)  In the quota description the employer shall identify                                                    
03                 (1)  a period to fulfill the quota;                                                                     
04                 (2)  the number of tasks the employee must perform or the number of                                     
05       materials the employee must produce or handle within the period; and                                              
06                 (3)  adverse employment action that the employer may take if the                                        
07       employee fails to meet the quota.                                                                                 
08            Sec. 23.10.710. Prohibited conduct. (a) An employer may not require an                                     
09       employee to meet a quota that prevents                                                                            
10 (1)  employee use of, and reasonable travel time to and from, bathroom                                                  
11       facilities; or                                                                                                    
12 (2)  compliance with federal or state occupational safety and health                                                    
13       laws.                                                                                                             
14 (b)  An employer may not take adverse employment action against an                                                      
15       employee for the employee's failure to satisfy a quota that violates (a) of this section.                         
16 Sec. 23.10.715. Right to request quota description. (a) A current or former                                           
17       employee may request, orally or in writing, from an employer                                                      
18 (1)  a written description of each quota to which the employer has                                                      
19       subjected the employee; and                                                                                       
20                 (2)  the most recent 90 days of the employee's work speed data.                                         
21 (b)  An employer who subjects an employee to a quota or monitors an                                                     
22 employee's work speed shall provide the information requested under (a) of this                                         
23       section not later than 21 calendar days after the date of the request.                                            
24 (c)  An employer who subjected a former employee to a quota or monitored a                                              
25 former employee's work speed shall, not later than 21 calendar days after the date of a                                 
26 request under (a) of this section, provide the information for the 90 days before the                                   
27       employee's separation from the employer.                                                                          
28 (d)  An employer may reject a former employee's request under (a) of this                                               
29 section if the employer has already provided the requested information on another                                       
30       occasion.                                                                                                         
31 Sec. 23.10.720. Injunctive relief. An employee may seek an injunction in the                                          

01       superior court to enjoin an employer violating AS 23.10.700 - 23.10.715.                                          
02            Sec. 23.10.725. Definitions. In AS 23.10.700 - 23.10.725,                                                  
03                 (1)  "employee" means a person who works in a warehouse distribution                                    
04       center and who is subject to a quota;                                                                             
05                 (2)  "employee work speed data" means information relating to an                                        
06       employee's quota performance that an employer collects, stores, analyzes, or                                      
07       interprets;                                                                                                       
08                 (3)  "quota" means a work standard through which an employer assigns                                    
09       or requires an employee to perform at a specific productivity speed, perform a                                    
10       quantified number of tasks, or handle or produce a quantified amount of material,                                 
11       within a defined period and under which the employer may subject the employee to                                  
12       adverse employment action for failure to satisfy the work standard;                                               
13                 (4)  "warehouse distribution center" means an establishment classified                                  
14       under the 2022 North American Industry Classification System manual prepared by                                   
15       the United States Office of Management and Budget that is denominated as                                          
16                      (A)  493110 - general warehousing and storage;                                                     
17                      (B)  423 - merchant wholesalers, durable goods;                                                    
18                      (C)  424 - merchants wholesalers, nondurable goods; or                                             
19                      (D)  454110 - electronic shopping and mail-order houses.                                           
20    * Sec. 2. This Act takes effect January 1, 2025.