§ 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.

* 8. "Work-related musculoskeletal disorders" means work-related
conditions (injuries, illness or disorders ) of the muscles, nerves,
tendons, ligaments, joints, cartilage of the body's musculoskeletal
system including the muscles, nerves, tendons, ligaments, joints,
cartilage and spinal discs of the upper and lower limbs, neck,
shoulders, and back that: (a) are the result of an exposure in the work
environment during the performance of work that either causes or
contributes significantly to the resulting condition or makes worse or
longer-lasting a pre-existing condition; (b) are caused by ergonomic
risk factors that include, but are not limited to, rapid pace, forceful
exertions, extreme or static postures, repetitive motions, direct
pressure, contact stress, vibration or cold temperatures; or (c) are not
the result of any instantaneous non-exertion event, such as slips,
trips, or falls.

* NB Effective June 1, 2025

* 9. "Competent person" shall mean one capable of performing a job
hazard assessment to identify and assess existing and predictable
ergonomic risk factors in work activities that are a core element of an
employee's job or a significant part of the workday that are harmful to
employees and reasonably likely to cause or contribute to
musculoskeletal disorders. A competent person shall include ergonomists,
industrial hygienists, certified safety professionals, or other health
and safety professionals who, by possession of a recognized advanced
academic degree, certificate, or professional standing or who by
extensive knowledge, training, and experience has successfully
demonstrated the ability to manage workplace injury risk.

* NB Effective June 1, 2025