Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes transparency requirements on automated quota systems and blocks any such systems that could endanger the health and safety of workers.

Highlights:

• Establishes that a person or a public or private entity not a party to a claim for workers’ compensation benefits will not obtain individually identifiable information obtained or maintained by the division regarding that claim. (Sec. 2):

• The administrative director, or a statistical agent designated by the administrative director, may use individually identifiable information for purposes of creating and maintaining the workers’ compensation information system;

• The administrative director may publish the identity of claims administrators in the annual report disclosing the compliance rates of claims administrators; or

• The administrative director shall use individually identifiable information for purposes of creating provider medical utilization data.

• Requires the commissioner to enforce this by engaging in coordinated and strategic enforcement efforts with the divisions within the Department of Industrial Relations, including the Division of Occupational Safety and Health and the Division of Workers’ Compensation. The commissioner will have access to data from the department including employer-reported injury data and enforcement actions in warehouses, and the identity of uninsured employers, and employers who are committing workers’ compensation fraud, wage theft, or other information relevant to the commissioner’s authority (Sec. 2).

• Establishes that any actions taken by an employee to comply with occupational health and safety laws in the Labor Code or division standards will be considered time on task and productive time for purposes of any quota or monitoring system (Sec. 2).

• Expands protections for current and former employees that believe meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety laws in the Labor Code or division standards, they have the right to request, and the employer must provide, a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee’s  work speed data (Sec. 2).

• Establishes that if a former employee requests a written description of the quotas to which they were subject and a copy of their work speed data, the employer must provide 90 days of the former (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes transparency requirements on automated quota systems and blocks any such systems that could endanger the health and safety of workers.

Highlights:

• Establishes that a person or a public or private entity not a party to a claim for workers’ compensation benefits will not obtain individually identifiable information obtained or maintained by the division regarding that claim. (Sec. 2):

• The administrative director, or a statistical agent designated by the administrative director, may use individually identifiable information for purposes of creating and maintaining the workers’ compensation information system;

• The administrative director may publish the identity of claims administrators in the annual report disclosing the compliance rates of claims administrators; or

• The administrative director shall use individually identifiable information for purposes of creating provider medical utilization data.

• Requires the commissioner to enforce this by engaging in coordinated and strategic enforcement efforts with the divisions within the Department of Industrial Relations, including the Division of Occupational Safety and Health and the Division of Workers’ Compensation. The commissioner will have access to data from the department including employer-reported injury data and enforcement actions in warehouses, and the identity of uninsured employers, and employers who are committing workers’ compensation fraud, wage theft, or other information relevant to the commissioner’s authority (Sec. 2).

• Establishes that any actions taken by an employee to comply with occupational health and safety laws in the Labor Code or division standards will be considered time on task and productive time for purposes of any quota or monitoring system (Sec. 2).

• Expands protections for current and former employees that believe meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety laws in the Labor Code or division standards, they have the right to request, and the employer must provide, a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee’s  work speed data (Sec. 2).

• Establishes that if a former employee requests a written description of the quotas to which they were subject and a copy of their work speed data, the employer must provide 90 days of the former (Sec. 2).

Full Bill Text