N.Y. Labor Law § 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.

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.

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.