05/09/2024 05:15 PM Senate LABOR & COMMERCE

                  HB  88-WAREHOUSE WORK QUOTAS                                                                              
                                                                                                                                
5:46:25 PM                                                                                                                    
CHAIR  BJORKMAN   reconvened  the   meeting  and   announced  the                                                               
consideration of CS  FOR HOUSE BILL NO. 88(L&C)  "An Act relating                                                               
to work  quotas for employees at  warehouse distribution centers;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
He noted that  this is the second hearing of  the bill and during                                                               
the last  meeting Amendment [1  (B.3), work  order 33-LS0516\B.3]                                                               
was adopted.                                                                                                                    
                                                                                                                                
5:47:03 PM                                                                                                                    
CHAIR BJORKMAN  opened public testimony  on HB 88;  finding none,                                                               
he closed public testimony.                                                                                                     
                                                                                                                                
5:47:35 PM                                                                                                                    
CHAIR BJORKMAN solicited a motion.                                                                                              
                                                                                                                                
5:47:36 PM                                                                                                                    
SENATOR  GRAY-JACKSON   moved  to  adopt  the   Senate  Committee                                                               
Substitute for  CSHB 88, work  order 33-LS0516\S, as  the working                                                               
document.                                                                                                                       
                                                                                                                                
5:47:47 PM                                                                                                                    
CHAIR BJORKMAN objected for purposes of discussion.                                                                             
                                                                                                                                
5:48:04 PM                                                                                                                    
KONRAD  JACKSON,  Staff,  Senator Jesse  Bjorkman,  Alaska  State                                                               
Legislature, Juneau, Alaska, began to  explain the SCS for HB 88,                                                               
work order  33-LS0516\S. He said  there were two changes,  one of                                                               
which  had been  made the  previous day  through the  adoption of                                                               
Amendment 1 (B.3).                                                                                                              
                                                                                                                                
5:48:31 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
5:49:38 PM                                                                                                                    
CHAIR BJORKMAN reconvened the meeting.                                                                                          
                                                                                                                                
5:49:56 PM                                                                                                                    
MR. JACKSON  continued to explain the  SCS for HB 88,  work order                                                               
33-LS0516\S.  He referred  to  page  one, line  9,  and said  the                                                               
change  from  200  to  100  was  made  through  the  adoption  of                                                               
Amendment 1  (B.3) offered by Senator  Dunbar. He said if  the CS                                                               
were adopted by the committee that change would remain at 100.                                                                  
                                                                                                                                
MR. JACKSON  said the  second change  could be  found on  page 2,                                                               
line  28, subsection  (d).  A new  sentence  was inserted,  which                                                               
read: "a former  employee is limited to one request  under (a) of                                                               
this section." He  explained that this would  allow for employees                                                               
to  request quota  information and  other  information, from  the                                                               
employer.  He explained  that  page 2,  line  28, subsection  (d)                                                               
dealt with a  former employee being added to  language that would                                                               
allow for  one additional request  for information once  they are                                                               
no  longer an  employee. He  said  the remainder  of section  "D"                                                               
would allow an employer to  reject a former employee's request if                                                               
that request has already been fulfilled.                                                                                        
                                                                                                                                
5:51:46 PM                                                                                                                    
CHAIR BJORKMAN removed his objection.                                                                                           
                                                                                                                                
5:51:52 PM                                                                                                                    
CHAIR BJORKMAN  found no further  objection and the SCS  CSHB 88,                                                               
was adopted as the working document.                                                                                            
                                                                                                                                
5:52:05 PM                                                                                                                    
CHAIR BJORKMAN solicited a motion.                                                                                              
                                                                                                                                
5:52:08 PM                                                                                                                    
SENATOR  GRAY-JACKSON  moved to  adopt  Amendment  1 (S.1),  work                                                               
order 33-LS0516\S.1, to HB 88.                                                                                                  
                                                                                                                                
                                               33-LS0516\S.1                                                                    
                                                  A. Radford                                                                    
                                                      5/8/24                                                                    
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR BJORKMAN                                                                 
     TO:  SCS CSHB 88(L&C)                                                                                                      
                                                                                                                                
     Page 2, line 6:                                                                                                            
          Delete "the employer may take"                                                                                        
          Insert "may result"                                                                                                   
                                                                                                                                
     Page 2, line 17, following "employee":                                                                                     
          Insert "who believes that meeting a quota                                                                             
      required the employee to violate a federal or state                                                                       
     occupational safety and health law"                                                                                        
                                                                                                                                
     Page 2, line 20, following "data":                                                                                         
          Insert "; an employer is not required under this                                                                      
     paragraph to provide any portion of a qualitative                                                                          
     performance assessment, personnel record, or wage                                                                          
     statement that does not include information relating                                                                       
     to the employee's work speed data"                                                                                         
                                                                                                                                
     Page 3, line 3:                                                                                                            
          Delete "a"                                                                                                            
          Insert "an overtime-eligible"                                                                                         
                                                                                                                                
     Page 3, line 4, following "quota;":                                                                                        
          Insert ""employee" does not include a driver or                                                                       
     courier to or from a warehouse distribution center or                                                                      
       a person whose work duty is operating a tractor or                                                                       
     other motor vehicle"                                                                                                       
                                                                                                                                
5:52:13 PM                                                                                                                    
CHAIR BJORKMAN objected for purposes of discussion. He explained                                                                
the key points of Amendment 1 (S.1):                                                                                            
   • Page two, line six required a quota description to identify                                                                
     all potential adverse employment actions that may result in                                                                
     failing to meet the quota.                                                                                                 
   • Page two, line 17 is conceptually deleted and not included                                                                 
     in the amendment.                                                                                                          
   • Page two, line 20 clarified the information that must be                                                                   
    provided to an employee upon request of work speed data.                                                                    
   • Page three, line four clarified that HB 88 does not apply                                                                  
     to couriers and express delivery drivers.                                                                                  
                                                                                                                                
CHAIR BJORKMAN said the amendment  specified that work speed data                                                               
does  not  include  the  employee's  entire  work  history,  past                                                               
performance evaluations,  or wage  statements and that  only data                                                               
related to  work speed information  is required to  be disclosed.                                                               
He  said this  clarification would  ensure that  the request  for                                                               
work speed data would be limited  to relevant metrics. He said HB
 would apply  to employees most likely subjected  to work speed                                                               
metrics as defined in the  Fair Labor Standards Act (FLSA), which                                                               
would  be  those  employees eligible  for  overtime  pay.  Exempt                                                               
employees,  typically salaried,  are  not  eligible for  overtime                                                               
under the FLSA.  He said this clarification would  ensure that HB
 would apply  to individual work speed data and  not company or                                                               
site-wide performance metrics.                                                                                                  
                                                                                                                                
CHAIR BJORKMAN said that many  couriers and delivery companies in                                                               
Alaska are small businesses or  entrepreneurs, and that Amendment                                                               
1  (S.1)  seeks  to  avoid inadvertently  including  gig  economy                                                               
workers in HB 88's scope.                                                                                                       
                                                                                                                                
5:55:04 PM                                                                                                                    
CHAIR BJORKMAN removed his objection.                                                                                           
                                                                                                                                
5:55:09 PM                                                                                                                    
SENATOR DUNBAR objected.                                                                                                        
                                                                                                                                
5:55:14 PM                                                                                                                    
SENATOR DUNBAR spoke  to his objection. He said  he preferred the                                                               
existing language  [of HB  88] which, he  said, came  through the                                                               
House with a lot of consideration.  He said the first part of the                                                               
amendment  creates  some  confusion.  He  acknowledged  that  the                                                               
second part  was to be  removed. He said  the third part  was too                                                               
broad  and the  fourth part  unnecessary. For  those reasons,  he                                                               
opposed Amendment 1 (S.1).                                                                                                      
                                                                                                                                
5:55:48 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
5:57:27 PM                                                                                                                    
CHAIR BJORKMAN reconvened  the meeting and asked for  a roll call                                                               
vote.                                                                                                                           
                                                                                                                                
5:57:43 PM                                                                                                                    
A roll call  vote was taken. Senators Merrick  and Bjorkman voted                                                               
in  favor of  Amendment 1  (S.1)  and Senators  Dunbar and  Gray-                                                               
Jackson voted against it. The vote was 2:2.                                                                                     
                                                                                                                                
5:58:05 PM                                                                                                                    
CHAIR BJORKMAN announced that Amendment  1 (S.1) failed on a vote                                                               
of 2:2.                                                                                                                         
                                                                                                                                
5:58:26 PM                                                                                                                    
CHAIR BJORKMAN solicited the will of the committee.                                                                             
                                                                                                                                
5:58:28 PM                                                                                                                    
SENATOR  GRAY-JACKSON  moved  to   report  the  Senate  Committee                                                               
Substitute  (SCS)  for  CSHB 88,  work  order  33-LS0516\S,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
5:58:50 PM                                                                                                                    
CHAIR  BJORKMAN  found no  objection  and  SCS CSHB  88(L&C)  was                                                               
reported from the Senate Labor and Commerce Standing Committee.