HB 5567

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Full Text of HB5567
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	HB5567 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5567
Introduced 2/13/2026, by Rep. Kevin John Olickal
SYNOPSIS AS INTRODUCED:
New Act
Creates the Warehouse Worker Protection Act. Requires each employer to provide to each worker, upon hire or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the worker is subject, including the quantified number of tasks to be performed or materials to be produced or handled within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that a worker shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of workers' rights under the Act and to comply with certain recordkeeping requirements. Sets forth a rebuttable presumption of unlawful retaliation if an employer takes an adverse employment action against a worker within 90 days of the worker requesting certain information or making a complaint alleging a violation of the Act to the Director of Labor, the Department of Labor, or the employer. Sets forth provisions concerning definitions; enforcement of the Act by the Department; civil penalties; workplace inspections; private rights of action; the Attorney General's powers to intervene or initiate a civil action; and severability. Effective January 1, 2027.
LRB104 18412 RPS 31854 b
A BILL FOR
		HB5567		LRB104 18412 RPS 31854 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Warehouse Worker Protection Act.
6    Section 5. Definitions. As used in this Act:
7    "Adverse employment action" means an action that a
8reasonable worker would find materially adverse.
9    "Aggregated work speed data" means a compilation of work
10speed data for multiple workers, in summary form, assembled in
11full or in another form such that the data cannot be identified
12with any individual.
13    "Controlled group of corporations" has the meaning given
14to that term under Section 1563 of the Internal Revenue Code,
1526 U.S.C. 1563, except that "50 percent" shall be substituted
16for "80 percent" where "80 percent" is specified in that
17definition.
18    "Defined time period" means any unit of time measurement
19equal to or less than the duration of a worker's shift,
20including hours, minutes, seconds, and any fraction thereof.
21    "Department" means the Department of Labor.
22    "Director" means the Director of Labor.
23    "Employer" means a person who directly or indirectly, or
		HB5567	- 2 -	LRB104 18412 RPS 31854 b
1through an agent or any other person, including through the
2services of a third-party employer, temporary services or
3staffing agency, independent contractor, or any similar
4entity, employs or exercises control over the wages, hours, or
5working conditions of 250 or more workers at a single
6warehouse distribution center in the State or 1,000 or more
7workers at one or more warehouse distribution centers in the
8State. For the purposes of this definition, all workers of a
9controlled group of corporations shall be counted in
10determining the number of workers employed at a single
11warehouse distribution center or at one or more warehouse
12distribution centers in the State.
13    "Person" means an individual, corporation, partnership,
14limited partnership, limited liability partnership, limited
15liability company, business trust, estate, trust, association,
16joint venture, agency, instrumentality, or any other legal or
17commercial entity, whether domestic or foreign.
18    "Quota" means a work performance standard under which:
19        (A) one or more workers are assigned or required to
20    perform at a specified productivity speed or a quantified
21    number of tasks or to handle or produce a quantified
22    amount of material without mistakes within a defined time
23    period and under which the worker may suffer an adverse
24    employment action if the worker fails to complete or meet
25    such work performance standard;
26        (B) actions by a worker are categorized and measured
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1    between time performing tasks and not performing tasks
2    within a defined time period;
3        (C) increments of time within a defined time period
4    during which a worker is or is not doing a particular
5    activity that are measured, recorded, or tallied; or
6        (D) a worker's performance is ranked in relation to
7    the performance of other workers.
8    "Warehouse distribution center" means an establishment as
9defined by any of the following North American Industry
10Classification System (NAICS) codes, however such
11establishment is denominated:
12        (1) 493 for Warehousing and Storage, but not including
13    493130 for Farm Product Warehousing and Storage;
14        (2) 423 for Merchant Wholesalers, Durable Goods;
15        (3) 424 for Merchant Wholesalers, Nondurable Goods,
16    but not including 424510 for Grain and Field Bean Merchant
17    Wholesalers, 424520 for Livestock Merchant Wholesalers,
18    and 424590 for Other Farm Product Raw Material
19    Wholesalers;
20        (4) 454110 for Electronic Shopping and Mail-Order
21    Houses; or
22        (5) 492110 for Couriers and Express Delivery Services.
23    "Worker" means a person performing a nonadministrative job
24who is not exempt from the overtime and minimum wage
25requirements of the federal Fair Labor Standards Act of 1938,
26as amended, who works at a warehouse distribution center, and
		HB5567	- 4 -	LRB104 18412 RPS 31854 b
1who is subject to a quota as defined in this Section. "Worker"
2does not include a driver or courier to or from a warehouse
3distribution center.
4    "Work speed data" means information an employer collects,
5stores, analyzes, or interprets relating to an individual
6worker's performance of a quota, including, but not limited
7to, quantities of tasks performed, quantities of items or
8materials handled or produced, rates or speeds of tasks
9performed, measurements or metrics of worker performance in
10relation to a quota, and time categorized as performing tasks
11or not performing tasks. "Work speed data" does not include
12itemized wage statements or data that does not relate to the
13performance of a quota, except for any content of those
14records that includes work speed data.
15    Section 10. Disclosure of quotas. Each employer shall
16provide to each worker, upon hire or within 30 days after the
17effective date of this Act, whichever is later, a written
18description of each quota to which the worker is subject,
19including the quantified number of tasks to be performed or
20materials to be produced or handled within the defined time
21period, and any potential adverse employment action that could
22result from failure to meet the quota. Each time the quota
23changes thereafter, the employer shall provide an updated
24written description of each quota to which the worker is
25subject within 5 business days of the quota change. If an
		HB5567	- 5 -	LRB104 18412 RPS 31854 b
1employer takes an adverse employment action against a worker
2based on a quota, the worker has a right to request, and the
3employer shall provide, a written explanation regarding the
4manner in which the worker failed to perform, including the
5applicable quota and comparison of the work performance in
6relation to that quota. If a worker requests a written
7description of the quotas to which the worker was subject and a
8copy of the worker's own personal work speed data under this
9Section, the employer shall comply with this request as soon
10as practicable, but no later than 7 calendar days after the
11date of the request.
12    Section 15. Protection from quotas. A worker shall not be
13required to meet a quota that prevents compliance with meal or
14rest periods or use of bathroom facilities, including
15reasonable travel time to and from bathroom facilities. An
16employer shall not take adverse employment action against a
17worker for failure to meet a quota that does not allow a worker
18to comply with meal and rest periods or for failure to meet a
19quota that has not been disclosed to the worker under Section
2010. An employer shall not take adverse employment action
21against a worker for failure to meet a quota based on
22continuously measuring, recording, or tallying increments of
23time within a defined time period during which a covered
24worker is or is not doing a particular activity. An employer
25shall not take adverse employment action against a worker for
		HB5567	- 6 -	LRB104 18412 RPS 31854 b
1failure to meet a quota that measures a worker's total output
2over an increment of time that is shorter than such worker's
3workday.
4    Section 20. Time on task. Consistent with existing law,
5paid and unpaid breaks shall not be considered productive time
6for the purpose of any quota or monitoring system unless the
7worker is required to remain on call.
8    Section 25. Recordkeeping. Each employer shall establish,
9maintain, and preserve for 3 years contemporaneous, true, and
10accurate records to ensure compliance with worker and Director
11requests for records. An employer shall allow the Department
12access to such records, at reasonable times during business
13hours, to monitor compliance with the requirements of this
14Act. Nothing in this Section shall require an employer to keep
15such records if such employer does not use quotas or monitor
16work speed data as a performance standard that leads to an
17adverse employment action.
18    Section 30. Worker's right to request records.
19    (a) A current worker has the right to request a written
20description of each quota to which the worker is subject. If a
21current or former worker believes that the current or former
22worker has received an adverse employment action as a result
23of failing to meet a quota, or that meeting a quota caused a
		HB5567	- 7 -	LRB104 18412 RPS 31854 b
1violation of the worker's right to a meal or rest period or use
2of bathroom facilities, the current or former worker has the
3right to request, and the employer shall provide, a written
4description of each quota to which the worker is subject, a
5copy of the most recent 90 days of the worker's own personal
6work speed data, and a copy of the aggregated work speed data
7for similar workers at the same establishment for the same
8time period.
9    (b) Requested records under this Section shall be provided
10at no cost to the current or former worker.
11    (c) Nothing in this Section shall require an employer to
12use quotas or monitor work speed data. An employer that does
13not monitor this data has no obligation to provide it.
14    (d) The rights afforded under this Section are independent
15of any other right afforded to a worker or former worker under
16any State or federal law, including, but not limited to, the
17Personnel Record Review Act, to access documents maintained by
18an employer.
19    Section 35. Unlawful retaliation. For purposes of this
20Act, there shall be a rebuttable presumption of unlawful
21retaliation if an employer takes any adverse employment action
22against a worker within 90 days of the worker doing either of
23the following:
24        (1) initiating the worker's first request in a
25    calendar year for information about a quota or personal
		HB5567	- 8 -	LRB104 18412 RPS 31854 b
1    work speed data under Section 30 of this Act; or
2        (2) making a complaint related to a quota alleging any
3    violation of Section 10, 15, or 20 to the Director, the
4    Department, or the employer.
5    Section 40. Notice to workers. Every employer covered by
6this Act shall post and keep posted, in conspicuous places on
7the premises of the employer where notices to workers are
8customarily posted, a notice, to be prepared or approved by
9the Director of Labor, regarding workers' rights under this
10Act, including what constitutes a permissible quota and
11workers' rights to request quota and work speed data
12information, and making a complaint alleging a violation of a
13worker's quota rights under this Act.
14    Section 45. Enforcement.
15    (a) The Department has the power to administer and enforce
16this Act, and it is the duty of the Department to enforce the
17provisions of this Act when, in the Department's judgment,
18there is cause and sufficient resources for investigation. The
19Department has the powers and the parties have the rights
20provided in the Illinois Administrative Procedure Act for
21contested cases.
22    (b) The Department shall have the power to conduct
23investigations in connection with the administration and
24enforcement of this Act, including the power to conduct
		HB5567	- 9 -	LRB104 18412 RPS 31854 b
1depositions and discovery and to issue subpoenas. Any
2investigator with the Department shall be authorized to visit
3and inspect, at all reasonable times, any places covered by
4this Act and shall be authorized to inspect, at all reasonable
5times, and request copies of records required to be kept under
6Section 25.
7    (c) If the Department finds cause to believe that this Act
8has been violated, the Department shall notify the parties in
9writing, and the matter shall be referred to an Administrative
10Law Judge to schedule a formal hearing in accordance with the
11Illinois Administrative Procedure Act. Administrative
12decisions shall be reviewed under the Administrative Review
13Law.
14    (d) If an employer is found to have violated this Act, the
15employer may be liable for a civil penalty as follows:
16        (1) Up to $100 per pay period for every pay period in
17    which the worker worked before the employer disclosed the
18    quota, the change in quota, or the adverse employment
19    actions the worker may be subject to.
20        (2) Up to $100 for every instance in which an employer
21    fails to provide a worker written explanation of the
22    manner in which the worker failed to meet the quota as
23    required by Section 10.
24        (3) Up to $100 for every instance in which the
25    employer failed to provide the worker with that worker's
26    work speed data as required by Section 10.
		HB5567	- 10 -	LRB104 18412 RPS 31854 b
1        (4) Up to $100 for every instance in which the
2    employer subjected the worker to a quota that prevented
3    the worker from taking meal or rest periods or bathroom
4    breaks as prohibited by Section 15 or took an adverse
5    employment action against a worker for failing to meet
6    such a quota.
7        (5) Up to $100 for failing to keep or produce records
8    as required by Section 25.
9        (6) Up to $100 for every instance in which an employer
10    did not comply with a worker's request for work speed data
11    or other data or records provided for in Section 30.
12        (7) Up to $100 for unlawful retaliation as prohibited
13    by Section 35 and the worker is entitled to all legal and
14    equitable relief as may be appropriate.
15        (8) Up to $100 for failing to post the notice required
16    by Section 40.
17    (e) In addition to the civil penalties described in
18subsection (d), an employer shall be additionally liable to
19the Department for a civil penalty of $100 for each worker
20found to be affected by the violation of the Act. The civil
21penalty shall be deposited into the Wage Theft Enforcement
22Fund to be used for administration and enforcement of this
23Act.
24    (f) The Department is authorized to collect and supervise
25the payment of the civil penalty described in subsection (d)
26to a worker or workers under this Act. Any sums recovered by
		HB5567	- 11 -	LRB104 18412 RPS 31854 b
1the Department on behalf of a worker or workers under this Act
2shall be paid to the worker or workers affected.
3    Section 50. Workplace inspections. If a particular work
4site or employer that uses quotas as a performance standard to
5determine adverse employment actions and is subject to this
6Act is found to have an annual worker injury rate of at least
71.5 times as high as the warehousing industry's average annual
8injury rate as published by the Bureau of Labor Statistics'
9most recent fatal and nonfatal occupational injuries and
10illnesses data, the Director shall determine whether an
11investigation of violations under this Act, if relevant to the
12Director's authority, is appropriate.
13    Section 55. Private right of action. A current or former
14worker may bring an action for injunctive relief to obtain
15compliance with Sections 10, 15, 20, and 30 and may, upon
16prevailing in the action, recover costs and reasonable
17attorney's fees in such action. In any action involving a
18quota that prevented the compliance with applicable
19regulations on workplace safety and health or meal or rest
20break requirements, the injunctive relief shall be limited to
21suspension of the quota and any adverse employment action that
22resulted from its enforcement by the employer.
23    Section 60. Attorney General; powers. The Attorney
		HB5567	- 12 -	LRB104 18412 RPS 31854 b
1General, pursuant to the authority under Section 6.3 of the
2Attorney General Act, may initiate or intervene in a civil
3action in the name of the People of the State in any circuit
4court to obtain all appropriate relief for violations
5established under this Act.
6    Section 97. Severability. The provisions of this Act are
7severable under Section 1.31 of the Statute on Statutes.
8    Section 99. Effective date. This Act takes effect January
91, 2027.