N.Y. Labor Law 781 – Quotas
§ 781. Quotas. Each employer shall provide to each employee, upon hire, or within thirty days of the effective date of this article, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. Each time the quota changes thereafter, the employer shall provide an updated written description of each quota to which the employee is subject within two business days of such quota change. Each time an employer takes an adverse employment action against an employee, the employer shall provide that employee with the applicable quota for the employee. The employer must provide the written description of any quota pursuant to this section in English and in the language identified by each employee as the primary language of such employee.
Terms Used In N.Y. Labor Law 781
- Defined time period: means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof. See N.Y. Labor Law 780
- Employee: means an employee who is not exempt from the minimum wage and any overtime compensation provisions of this chapter and any applicable minimum wage orders and who works at a warehouse distribution center and is subject to a quota as defined in this section; provided, however, that "employee" does not include a driver or courier to or from a warehouse distribution center. See N.Y. Labor Law 780
- 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 services, or staffing agency, independent contractor, or any similar entity, employs or exercises control over the wages, hours, or working conditions of one hundred or more employees at a single warehouse distribution center or one thousand or more employees at one or more warehouse distribution centers in the state. See N.Y. Labor Law 780
- Quota: means a work standard which:
(a) an employee is assigned or required to perform: at a specified productivity speed; or a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period; or under which the employee may suffer an adverse employment action if they fail to complete the performance standard. See N.Y. Labor Law 780