VA HB 1451

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Description

Labor and employment; warehouse employers; required disclosures and recordkeeping; civil penalties. Requires each employer of 500 or more warehouse employees in the Commonwealth to provide a written description of each quota to which an employee is subject, any incentive or bonus associated with meeting the quota, and any potential adverse employment action that may result from failure to meet the quota. Such employers are also required to disclose the use of an automated or algorithmic management system to monitor or evaluate employee performance. Under the bill, the time periods in quotas must account for relevant standards for meal periods, rest periods, bathroom access, or workplace safety. The bill also requires such employers to keep records of each employee's work-speed data, aggregate work-speed data, and written quota disclosures provided to employees. The bill prohibits retaliatory action against an employee for requesting information, making a good faith complaint, or participating in an investigation and includes a rebuttable presumption that any adverse employment action taken within 90 days of such conduct is retaliatory. Provisions of the bill are enforceable by the Commissioner of Labor and Industry under existing provisions to enforce and remedy safety and health violations.