Starting Jan. 1, employees who work in warehouse distribution centers will gain important new protections in the state of California. 

Targeting behemoths such as Amazon, state lawmakers passed AB 701 in the fall. The law aims to protect workers from extreme productivity quotas that lead to injuries or skipped breaks. With Amazon and its massive package-delivery workforce pressuring other retailers to follow along, California wants to clarify unacceptable practices now. 

“We cannot allow corporations to put profit over people,” Gov. Gavin Newsom said when he signed the bill. 

Here are the key points of AB 701: 

• More transparency. Employers must let workers know up front exactly what is expected. That includes providing, in writing, a description of all applicable quotas — number of tasks or materials to handle, relevant time periods, and any potential negative consequences for missing a quota. This point adds transparency to a subject that companies have guarded as proprietary. 
• More employee rights. A current — or former — employee can ask for his quotas and 90 days of his work speed data if he thinks that meeting a quota has made him miss a state-mandated break or sacrifice safety. He then could sue to block unsafe quotas and to enforce change, and potentially win costs and attorney’s fees. Also, an employee can’t be fired or punished for failing to meet an unsafe quota. 
• Active state enforcement. The Labor Commissioner — in coordination with other state agencies — can access data about workplace injuries and other details, using this to strategically analyze which warehouses may have unsafe productivity quotas and act 

based on the results. Separately, the justice system can pursue civil or criminal action against employers based on violations of the new law. 

California takes workplace safety seriously, particularly considering the vital role of warehouse employees during the pandemic. If productivity quotas at work are endangering your health, safety or workplace rights, the experienced employment lawyers at Keller Grover can help. We offer free consultations to help you understand your situation and legal options. In more than 25 years litigating fraud and employment cases, we have recovered hundreds of millions of dollars for clients and class members.