N.Y. Labor Law 785 – Right to request
§ 785. Right to request. 1. A current employee has the right to request a written description of each quota to which the employee is subject. If a current or former employee believes that they have been disciplined as the result of failing to meet a quota, or that meeting a quota caused a violation of their right to a meal or rest period or use of bathroom facilities, including reasonable travel time to and from bathroom facilities, they have the right to request, and the employer shall provide, a written description of each quota to which the employee is subject, a copy of the most recent ninety days of the employee's own personal work speed data, and a copy of the aggregate work speed data for similar employees at the same establishment for the same time period.
Terms Used In N.Y. Labor Law 785
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
2. Such requested records pursuant to this section shall be provided at no cost to the current or former employee. A former employee is limited to one request pursuant to this section.
3. An employer that receives a written or oral request for information pursuant to this section shall comply with the request as soon as practicable, but no later than fourteen calendar days from the date of the request.
4. Nothing in this section shall require an employer to use quotas as defined in this article or monitor work speed data. An employer that does not monitor this data has no obligation to provide it.
5. The employer must provide the requested written description of any quota and personal work speed data pursuant to this section in English and in the language identified by each employee as the primary language of such employee.