2023 New York Laws › LAB - Labor › Article 21-A - Warehouse Worker Protection Act › 780 - Definitions.

§ 780. Definitions. As used in this article:
1.  "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.
2.  "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.
3. (a) "Employee  work  speed  data"  means  information  an  employer
collects,  stores,  analyzes,  or  interprets  relating to an individual
employee's performance of  a  quota,  including,  but  not  limited  to,
quantities  of tasks performed, quantities of items or materials handled
or produced, rates or speeds of tasks performed, measurements or metrics
of employee performance in relation to a quota, and time categorized  as
performing tasks or not performing tasks.
(b)  "Aggregated work speed data" means a compilation of employee work
speed data for multiple employees, in summary form, assembled in full or
in another form such  that  the  data  cannot  be  identified  with  any
individual.
4. "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.
For the purposes of this definition, all  employees  of  a  controlled
group  of  corporations  shall  be  counted in determining the number of
employees employed at a single warehouse distribution center or  at  one
or more warehouse distribution centers in the state.
5.  "Person"  means  an  individual, corporation, partnership, limited
partnership, limited liability partnership, limited  liability  company,
business  trust,  estate,  trust,  association,  joint  venture, agency,
instrumentality, or  any  other  legal  or  commercial  entity,  whether
domestic or foreign.
6. "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.
(b)  an  employee's  actions  are  categorized between time performing
tasks and not performing tasks, and the employee's failure to complete a
task performance standard or recommendation may have an  adverse  impact
on  the  employee's  continued  employment  or  the  conditions  of such
employment.
7. "Warehouse distribution center" means an establishment  as  defined
by  any  of  the following North American industry classification system
("NAICS") codes, however such establishment is denominated:
(a) four hundred ninety-three for warehousing and storage but does not
include four hundred ninety-three thousand one hundred thirty  for  farm
product warehousing and storage;
(b) four hundred twenty-three for merchant wholesalers, durable goods;
(c)  four  hundred  twenty-four  for  merchant wholesalers, nondurable
goods;
(d) four hundred fifty-four thousand one hundred  ten  for  electronic
shopping and mail-order houses; or
(e)  four hundred ninety-two thousand one hundred ten for couriers and
express delivery services.