NYS to regulate 'speed quotas' at Amazon, other warehouse operators

Workers at warehouses operated by Amazon and other companies in New York State must be told of the “speed quotas” they are required to meet — and cannot be fired if those quotas don’t allow for bathroom and meal breaks — under a bill signed into law by Gov. Kathy Hochul.

The legislation, which was adopted by the State Senate and Assembly in June, is a response to increased worker complaints and injuries at warehouses for same-day and next-day delivery of packages to consumers.

The bill cites national data from the federal Bureau of Labor Statistics showing the rate of serious injury in the warehouse industry is four cases per 100 full-time employees compared with 1.7 cases in the private sector.

Amazon was frequently mentioned by the legislation's authors: Sen. Jessica Ramos (D-Jackson Heights, Queens) and Assemb. Latoya Joyner (D-Bronx). However, the bill applies to any business with at least one distribution center where 100 or more people work or multiple centers with a total of 500 or more employees in the state.

The law goes into effect in 60 days.

Amazon spokeswoman Kelly Nantel said, "This legislation is based on a misunderstanding of our business performance metrics. Amazon does not have fixed quotas at our facilities. Instead, we assess performance based on safe and achievable expectations and take into account time and tenure, peer performance and adherence to safe work practices," she told Newsday on Wednesday.

Sen. Jim Gaughran (D-Northport), who co-sponsored the New York legislation, said it extends workplace protections to a growth industry that employs thousands of people on Long Island, providing many of them with their first full-time job.

“These are very practical measures that will help workers who may become abused in the workplace,” he said in an interview.

The new law stipulates that employers notify employees in writing of the speed quota they must meet and changes to the quota. Employees also don’t have to fulfill a quota that prevents them from taking breaks for meals, rest or use of the bathroom.

Gaughran and others said the law forbids an employee from being disciplined or fired for failure to meet a quota that doesn’t allow for breaks.

Assemb. Michaelle C. Solages (D-Elmont), another bill co-sponsor, said, “When major companies reinstated quota systems after the first wave of the pandemic, injuries and firings increased significantly."

Nearly 3,900 people worked in warehousing on Long Island in 2021, according to the state Department of Labor.

That number has likely increased as Amazon and other retailers open “last-mile” facilities, with more than 11 million square feet expected to be added in the next couple of years, based on a Newsday analysis of 25 proposed projects.

The New York law follows the enactment of similar legislation in California in September 2021.

By James T. Madore

james.madore@newsday.comJamesTMadore

James T. Madore writes about Long Island business news including the economy, development, and the relationship between government and business. He previously served as Albany bureau chief.