Taking effect Jan. 1, 2022, AB 701 brings changes for those at distribution and warehouse sites.
AB 701 prohibits employers from using systems or quotas which violate rest breaks, meal periods, bathroom breaks, or other health and safety laws. The upshot of the bill is that it lays out that employee time engaged in activities to adhere to the health and safety laws is to be counted as productive for any quota purposes which means it should not count against the employee.
The bill applies to “warehouse distribution centers.” Still, for the legislation to apply, the business must employ 100 or more employees at a single warehouse or 1,000 or more employees at one or more distribution centers in the state – including any workers through third parties and/or staffing agencies.
Further, the bill affords employees the right to request a written description as applied to them if they believe a quota violated their rights with regard to meal breaks, rest periods, or health and safety laws.
It should be noted that worker concerns about possible employer retaliation in response to any request for quota info were addressed within AB 701. The bill provides a presumption of retaliation if the employee receives any adverse action within 90 days from the request for information; this also applies to any complaint filed alleging violations of the bill’s provisions. The presumption should lessen any employee fear of reporting alleged violations.
For any additional workers’ compensation questions, please contact RP Law Group at (951) 394-3640.