N.Y. Lab. Law § 780

* § 780. Definitions. As used in this article:\n 1. "Defined time period" means any unit of time measurement equal to\nor less than the duration of an employee's shift, and includes hours,\nminutes, and seconds and any fraction thereof.\n 2. "Designated employee representative" means any employee\nrepresentative, including but not limited to an authorized employee\nrepresentative that has a collective bargaining relationship with the\nemployer.\n 3. "Employee" means a nonexempt and non-administrative employee who\nworks at a warehouse distribution center and is subject to a quota as\ndefined in this section.\n 4. (a) "Employee work speed data" means information an employer\ncollects, stores, analyzes, or interprets relating to an individual\nemployee's performance of a quota, including, but not limited to,\nquantities of tasks performed, quantities of items or materials handled\nor produced, rates or speeds of tasks performed, measurements or metrics\nof employee performance in relation to a quota, and time categorized as\nperforming tasks or not performing tasks.\n (b) "Aggregated data" means information that an employer has combined\nor collected together in summary or other form such that the data cannot\nbe identified with any individual.\n 5. "Employer" means a person who directly or indirectly, or through an\nagent or any other person, including through the services of a\nthird-party employer, temporary services, or staffing agency,\nindependent contractor, or any similar entity, at any time in the prior\ntwelve months, employs or exercises control over the wages, hours, or\nworking conditions of one hundred or more employees at a single\nwarehouse distribution center or five hundred or more employees at one\nor more warehouse distribution centers in the state.\n For the purposes of this subdivision: (a) all employees employed\ndirectly or indirectly, or through an agent or any other person, as\ndescribed in the opening paragraph of this subdivision, as well as any\nemployee employed by a member of a controlled group of corporations of\nwhich the employer is a member, shall be counted in determining the\nnumber of employees employed at a single warehouse distribution center\nor at one or more warehouse distribution centers in the state; and (b)\nall agents or other persons, as described in the opening paragraph of\nthis subdivision, and all members of a controlled group of corporations\nof which the employer is a member, shall be deemed to be employers and\nshall be jointly and severally responsible for compliance with this\narticle. For purposes of this subdivision, the term "controlled group of\ncorporations" shall be defined as provided under Section 1563 of the\nInternal Revenue Code, 26 U.S.C. section 1563, except that fifty percent\nshall be substituted for eighty percent where eighty percent is\nspecified in that definition.\n 6. "Person" means an individual, corporation, partnership, limited\npartnership, limited liability partnership, limited liability company,\nbusiness trust, estate, trust, association, joint venture, agency,\ninstrumentality, or any other legal or commercial entity, whether\ndomestic or foreign.\n 7. "Quota" means a work standard which:\n (a) an employee is assigned or required to perform: (i) at a specified\nproductivity speed; or a quantified number of tasks, or to handle or\nproduce a quantified amount of material, within a defined time period;\nor\n (b) an employee's actions are categorized between time performing\ntasks and not performing tasks, and the employee's failure to complete a\ntask performance standard or recommendation may have an adverse impact\non the employee's continued employment or the conditions of such\nemployment.\n 8. "Warehouse distribution center" means an establishment as defined\nby any of the following North American industry classification system\n("NAICS") codes, however such establishment is denominated:\n (a) four hundred ninety-three for warehousing and storage;\n (b) four hundred twenty-three for merchant wholesalers, durable goods;\n (c) four hundred twenty-four for merchant wholesalers, nondurable\ngoods;\n (d) four hundred fifty-four thousand one hundred ten for electronic\nshopping and mail-order houses; or\n (e) four hundred ninety-two thousand one hundred ten for couriers and\nexpress delivery services.\n * NB Effective February 19, 2023\n