Senate committee hears bill to require written quotas and limit quotas that block breaks or violate safety

Senator Nicole Foren introduced Senate Bill 1194 on behalf of the Labor Committee, saying the bill aims to "solidify much needed workforce protections for those who work in warehouse distribution centers." The bill would require employers to provide written descriptions of any quotas given to employees, prohibit quotas that would violate occupational health and safety requirements or prevent required meal, rest or bathroom breaks, bar adverse action against employees who fail to meet such quotas, allow employees to request written quota descriptions, and create a presumption of retaliation where discriminatory or retaliatory actions follow a complaint within 90 days.

The Department of Labor, represented in committee by Katie Grasso, told the committee it "have[s] concerns, with this as it is currently written." Grasso said the bill as drafted attempts to give the department enforcement authority "over areas already provided by Title 19" and would require enforcement in areas where the department currently has no statutory authority, including occupational health and safety standards that are governed by the U.S. Department of Labor. Grasso also said the department estimates a fiscal impact "between $200,000 and $300,000," and that the department's Office of Safety and Health Consultation currently provides workplace-environment services but lacks enforcement authority on safety violations.

Labor representatives spoke in favor. Paul Thornberg, secretary-treasurer of Teamsters Local 326, said employers sometimes set "unreachable or ever changing" production standards and quotas that workers were not notified of and that employees have been terminated after failing to meet quotas they were not told existed. Thornberg said similar measures have been introduced in multiple states and urged lawmakers to pass SB 1194 in Delaware.

Committee members asked whether the bill would conflict with existing state law and how preemption among city, county and state standards would be handled. An informal, non-official legal remark in the hearing noted that, where statutes conflict, courts sometimes treat a later, more specific law as controlling, but the committee did not receive formal legal advice on preemption language during the session and indicated it may seek counsel or revise the bill language to clarify the relationship with Title 19 and local ordinances.

Senator Walsh questioned the fiscal note and whether the two FTEs the department requested (a management analyst 3 and a community relations officer) were necessary; Senator Foren said she had received the fiscal note late and would follow up. Katie Grasso offered to meet with sponsors to discuss options but reiterated the department's concern that Title 19 already covers minimum wage and meal/rest requirements and that adding a new Chapter 39, "Warehouse Worker Protections Act," may duplicate or extend enforcement duties beyond existing statutory authority.

The committee took public comment but did not vote on SB 1194. Senator Foren and labor advocates signaled support for the bill's written-quota and anti-retaliation provisions; the Department of Labor signaled statutory and fiscal concerns and requested more discussion on scope and language before the committee takes formal action. The committee adjourned without a vote.