Warehouse Quota Standards Q&A

    How will L&I determine employer size?

    A warehouse distribution center’s size includes all employees at the establishment who do not meet the Executive, Administrative, and Professional exemption of the Washington Minimum Wage Act, even if the employees are engaged in activities other than warehousing.

    L&I will base employer size on the number of employees on the day of an alleged violation or the average number of employees during the previous 12 months, whichever is greater. If a business has been operating less than a year, L&I will use the maximum number of employees since the business has been open.

    The law provides through its definition of “employer” that the employee count will include all workers employed directly or indirectly by the business, or through an agency or any other person such as a staffing agency or independent contractor of the business, and all workers employed by a business’s affiliates.
    You can find more information in WACs 296-35-250 and 296-136-020.

    What is a quota? Is the employee still covered if the employer uses performance metrics but doesn’t call them “quotas”?

    A quota is a work performance standard an employee needs to meet or they may suffer an adverse employment action, like being written up or fired. A quota may require employees to perform tasks at a specified speed, or perform a quantified number of tasks or handle an amount of goods within a defined period. Quotas can be group or individually based. A quota may also categorize an employee’s time between time spent on task and off task.

    A quota doesn’t have to be called a “quota” to be subject the warehouse distribution center rules. An employer may use the term “rate” or “production expectation” to refer to a quota. No matter what it’s called, L&I will look at the definition of “quota” in WACs 296-35-100 and 296-136-010, to determine if it is subject to the new rules.

    What is reasonable travel time?

    It means the employee has enough time to access break locations based on the size and layout of the warehouse. Reasonable travel time depends on where the employee is located within the warehouse when it’s time for them to take a break.

    L&I can calculate reasonable travel time based on an average comfortable walking speed and distance traveled. Employers need to take into account any worker who can’t maintain that average speed for any reason, and make accommodations as needed.

    You can find more information in WACs 296-35-200 and 296-136-040.

    How will L&I determine the top six languages other than English?

    In order to determine preferred language requirements for written descriptions of quotas, L&I will use the languages identified by Washington’s Office of Financial Management. The top six languages spoken in Washington other than English are currently Spanish, Chinese, Vietnamese, Tagalog, Russian and Korean.

    How often do employers need to distribute written quota descriptions to employees?

    Employers need to provide an initial written quota description, written in plain and non-technical language, by July 31, 2024, for existing employees, or immediately upon hire for new employees.

    If an employee requests a preferred language other than English or the top six other languages, then the employer must provide a written description in the requested language within 15 calendar days. The employee must receive any future written descriptions in their preferred language and English in accordance with WAC 296-136-030(7).

    Employers also need to notify employees whenever they change a quota. The employer must notify the employee verbally or in writing about the new quota as soon as possible and before the employee is subject to the new quota. The employer must provide the employee with an updated written description within two business days.

    In what format do the written quota descriptions need to be?

    Employers may provide employees with written descriptions either physically or electronically. You can find more information in WAC 296-136-030.

    Can employers create additional recordkeeping policies?

    Yes. Employers may choose to create additional recordkeeping policies beyond those required by WAC 296-136-060. For example, employers may require employees to verify they received a written quota description.