There’s an old saying that what can be measured can be managed. Some elected officials have forgotten that axiom, but not the governor of Illinois. In a move that may have come as a surprise to some, Governor JB Pritzker recently vetoed a bill dealing with warehouse workers that has been en vogue in recent years in states looking to harass large retailers like Amazon.
The bill, HB 2547—also known as the Warehouse Worker Protection Act—was first introduced in February 2023, and it finally passed both houses of the state legislature on January 7 this year. However, Governor Pritzker vetoed it on March 21.
As introduced, the bill would have required employers to provide upon hire each employee a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota.
It also provided that an employee could 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. The bill also required employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. The legislation established civil penalties for noncompliance as well as a private right of action, giving a major incentive for trial lawyers to file frivolous lawsuits.
In his letter to the legislature vetoing the bill, Governor Pritzker observed that “this bill was passed hastily at the end of the Lame Duck session without engagement with relevant state agencies or my office and presents both legal and operational issues that undermine its effect.”
He went on to say the measure’s definition of who was covered was unclear; there was no procedure to ensure due process in the enforcement of the provisions; and while the bill called for civil penalties and damages, it did not set out a clear, comprehensive scheme for these penalties or damages. He concluded by saying it would be “critical that advocates, legislators and my administration work together to ensure any new labor laws are straightforward to implement and do not create a risk of legal challenges.”
The governor’s statement is a welcome dose of common sense. Unfortunately, not everyone in Washington, DC, has the same sentiment. In fact, Senator Josh Hawley has introduced a labor law reform framework that includes the same proposal that Governor Pritzker has just rejected. This might be a rare case where Republican elected officials should take their lead from Illinois.
About the authors
Sean P. Redmond
Sean P. Redmond is Vice President, Labor Policy at the U.S. Chamber of Commerce.
