California Labor Code 2104 – (a) (1) If a current or former employee believes that …
(a) (1) If a current or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety laws in the Labor Code or division standards, they have the right to request, and the employer shall provide, a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee’s own personal work speed data.
(2) If a former employee requests a written description of the quotas to which they were subject and a copy of their own personal work speed data pursuant to paragraph (1), the employer shall provide 90 days of the former employee’s quotas and personal work speed data for the 90 days prior to the date of the employee’s separation from the employer.
Terms Used In California Labor Code 2104
- Division: means the Division of Occupational Safety and Health. See California Labor Code 2100
- Employee: means a nonexempt employee who works at a warehouse distribution center. See California Labor Code 2100
- Employer: means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. See California Labor Code 2100
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Quota: means a work standard under which an employee is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard. See California Labor Code 2100
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(3) A former employee is limited to one request pursuant to this subdivision.
(b) An employer that receives a written or oral request for information pursuant to subdivision (a) shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request.
(c) Nothing in this section requires an employer to use quotas or monitor work speed data. An employer that does not monitor this data has no obligation to provide it.
(Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)