260 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com “Predictability pay”—owed in addition to any regular pay—is for employees working a shift in these circumstances: Advance Notice Length of Shift Predictability Pay Owed < 7 days but 24 hours or more Any length 1 hour < 24 hours 4 hours or less 2 hours < 24 hours > 4 hours 4 hours Further, Formula Retail Employers must treat part-time employees the same as full-time employees with respect to (1) starting hourly wage, (2) access to employer-provided paid and unpaid time off (which is prorated for parttime workers), and (3) eligibility for promotions, subject to certain qualifications.518 7.22.3 Warehouse quotas As of January 1, 2022, large employers that run California warehouse distribution centers are subject to peculiar new requirements. The Warehouse Quotas law, enacted in 2021, creates more than a dozen new sections of the Labor Code.519 The law reacts to perceived threats to employee health and safety posed by any work quota, which the new law defines as 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.”520 The law applies to any entity that employs, within California, 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers.521 To counter the perceived threats, the Warehouse Quotas law creates these main provisions. Employers must give each employee a written description of any applicable quota and the potential adverse employment actions that could result from failing to meet the quota.522 Employers must not enforce quotas to the extent that enforcement would “prevent[] compliance with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws.”523 Any employee actions to comply with occupational health and safety laws must be considered time on task and productive time for purposes of any quota or monitoring system.524 Employees who believe a quota has violated their rights are entitled to request and receive a written description of each applicable quota and a copy of the most recent 90 days of the employee’s own personal work speed data.525 Any adverse action against an employee taken within 90 days of that employee asserting quota-related rights creates a rebuttable presumption of unlawful retaliation against the employee.526 Violations of the law can be pursued by the DLSE and the employees themselves can sue for injuncitive relief and be awarded attorney fees if they prevail.527
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