California Warehouse Quota Law (AB 701): Your Rights

California’s warehouse quota law, AB 701, requires large warehouse employers to give you a written description of every quota you must meet, and it bans quotas that stop you from taking meal and rest breaks, using the bathroom, or following health and safety rules. If you were written up or fired for “missing rate” when the rate itself made breaks impossible, the law may be on your side.

The money adds up quickly. Each workday you lose a rest break to keep up with rate can mean an extra hour of pay owed under Labor Code 226.7. For a worker earning $20 an hour who skips rest breaks every shift, that is up to $100 a week in premium pay, before any claim for retaliation or lost wages.

This guide explains who the warehouse quota law (Labor Code sections 2100 to 2112) covers, what your employer must disclose, what a quota can never stop you from doing, how to request your own quota and work-speed data, how the law presumes retaliation, and what to do next.

Who California’s warehouse quota law covers

The warehouse quota law applies to large operations only. Under Labor Code 2100, an “employer” is one that directly or indirectly controls 100 or more employees at a single warehouse distribution center, or 1,000 or more employees at one or more warehouse distribution centers in California. Workers placed by staffing agencies count when the company controls their wages, hours or working conditions, and both the agency and the warehouse operator can be responsible.

A “warehouse distribution center” is defined by industry code. It includes general warehousing and storage, merchant wholesalers of durable and nondurable goods, and electronic shopping and mail-order houses. Farm product warehousing is excluded.

The protections belong to nonexempt employees who work at a covered warehouse, meaning hourly workers who are owed overtime.

Question	Rule	Law
Is my employer big enough?	100+ employees at one warehouse, or 1,000+ at warehouses statewide	Labor Code 2100
I’m a temp through an agency. Am I counted?	Yes, when the company controls your wages, hours or working conditions	Labor Code 2100
Am I a covered employee?	Yes, if you are nonexempt and work at a covered warehouse	Labor Code 2100
Does my employer have to use quotas?	No, but if it does, the rules below apply	Labor Code 2104(c)

Key fact

What counts as a quota

A quota is any work standard that requires you to work at a set speed, complete a set number of tasks, or handle a set amount of material within a defined time period, where you can be disciplined for falling short. Units per hour, picks per hour, scan rates and “rate” targets all qualify.

The label does not matter. Employers sometimes call quotas “expectations,” “goals,” “productivity standards” or “coaching targets.” If falling below the number can lead to a write-up, a lost shift, a denied promotion or termination, it is a quota under Labor Code 2100.

The law also covers work-speed data: the information your employer collects about how you perform against a quota, including counts, rates and speeds of tasks, and time spent “off task.”

Two rules shape how that data can be used. Under Labor Code 2103, time you spend complying with health and safety laws counts as time on task and productive time. Meal and rest breaks are not counted as productive time unless you are required to stay on call, but a quota still cannot be set so high that it prevents you from taking them.

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Your right to a written description of each quota

Labor Code 2101 requires a covered employer to give each employee, upon hire, a written description of every quota the employee is subject to. The description must state:

• The number of tasks to be performed or materials to be produced or handled
• The time period in which they must be completed
• Any adverse employment action that could result from missing the quota

This matters because of Labor Code 2102: an employer may not take adverse action against you for failing to meet a quota that was never disclosed to you as the law requires. If your rate was raised and no one gave you a written description of the new number, or you only learned your target from a screen on the floor, keep a note of that. It may undercut any discipline based on that number.

Keep every quota document you receive.

What a quota can never stop you from doing

Under Labor Code 2102, you cannot be required to meet a quota that prevents you from:

• ✅ Taking your meal periods: generally a 30-minute, duty-free meal break that starts before the end of your fifth hour of work (Labor Code 512)
• ✅ Taking your rest periods: a paid 10-minute break for every four hours worked or major fraction of four hours
• ✅ Using the bathroom, including reasonable travel time to and from the restroom
• ✅ Complying with health and safety laws, such as lifting rules, heat illness rules, equipment checks and safety procedures

An employer also may not discipline you for failing to meet a quota that did not allow you to do these things. In a large building, the law expressly protects the walk to and from the restroom.

If you skipped breaks to keep up with rate, you may be owed premium pay: one additional hour at your regular rate for each workday a meal period was missed, and another for each workday a rest period was missed. Our guide to meal and rest break premiums explains how those are calculated. If you clocked in early or worked through lunch to hit your number, read about off-the-clock work too.

💡 Example: Luis works 8-hour shifts at $21 an hour at a fulfillment center. To keep up with rate, he skips both rest breaks every shift for four weeks, or 20 workdays. Rest break premiums are one hour per workday, so he may be owed 20 × $21 = $420 in rest premiums alone, even if no one ever told him not to take the break.

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How to request your quota and work-speed data

Labor Code 2104 gives you the right to see the numbers being used against you. If you believe meeting a quota caused a violation of your meal or rest break rights, or required you to violate a health and safety law, you may request:

• A written description of each quota you are subject to
• A copy of the most recent 90 days of your own personal work-speed data

Former employees can make the same request once, and the employer must provide the 90 days of quotas and data before the separation date. The employer must comply as soon as practicable and no later than 21 calendar days after the request. The request can be made orally or in writing, but put it in writing and keep a copy with the date you sent it.

A short email or letter works: “Under Labor Code 2104, I request a written description of each quota I am subject to and a copy of my personal work-speed data for the most recent 90 days.” While you are at it, you can also ask for your personnel file and payroll records, which have their own deadlines. See our guide on requesting your personnel file and payroll records.

By the numbers21 days

Retaliation protections and the 90-day presumption

Labor Code 2105 adds a strong protection. If your employer disciplines you, cuts your hours, fires you or takes any other adverse action within 90 days after you either (1) make your first request of the calendar year for quota or work-speed information, or (2) complain about a quota violation to your employer, the Labor Commissioner, Cal/OSHA or another government agency, the law presumes the action was retaliation.

The presumption is rebuttable, but it shifts the burden to your employer. Other California laws protect you too: Labor Code 98.6 (retaliation for wage complaints), Labor Code 1102.5 (whistleblowing), and Labor Code 6310 (safety complaints). Since 2024, Labor Code 98.6 and 1102.5 also carry their own 90-day presumption of retaliation.

If you were let go shortly after asking about your rate or raising a safety concern, read our guide on being fired after complaining and talk to a lawyer before signing anything.

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How the law is enforced and what you can recover

Several remedies can apply at once.

Remedy	What it does	Source
Labor Commissioner complaint	Investigation and enforcement of the quota law; the agency can subpoena quota records	Labor Code 2106, 2107
Lawsuit for injunctive relief	Court order requiring compliance with the disclosure, quota and data rules, plus attorney’s fees if you win	Labor Code 2108
PAGA claim	Civil penalties for violations affecting you and coworkers; the employer has a right to cure some violations	Labor Code 2109, 2699.3
Meal and rest premiums	One hour of pay per workday for each type of missed break	Labor Code 226.7
Retaliation or wrongful termination claim	Lost wages, emotional distress damages and, in some cases, penalties and punitive damages	Labor Code 98.6, 1102.5, 2105
Workers’ compensation	Medical care and disability benefits for injuries caused by repetitive, fast-paced work	Labor Code 3600

Cal/OSHA also plays a role. Under Labor Code 2107, when a warehouse’s injury rate is at least 1.5 times the industry average, Cal/OSHA or the Division of Workers’ Compensation must notify the Labor Commissioner, who may investigate quota violations. If pace-of-work demands hurt your back, shoulders or wrists, a workers’ compensation claim is often part of the picture, and temps should read our guide on workers’ comp for staffing agency workers.

Common employer defenses and tricks

Warehouse employers rarely admit a quota blocked breaks. These are the arguments we see most often:

• “It’s a goal, not a quota.” If missing it can lead to discipline, it is a quota under the statute.
• “You were free to take breaks.” A policy on paper does not help if the rate made breaks impossible in practice. Your work-speed data, scanner logs and coworker statements can show what really happened.
• “You were fired for attendance, not rate.” Timing matters. An action within 90 days of a quota request or complaint is presumed retaliatory.
• “We’re under the size threshold.” Headcount includes workers the company controls through staffing agencies.
• “Off-task time is fair game.” Bathroom trips, including reasonable travel time, and safety tasks cannot be used to push you below a quota.

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Warehouse workers in the Inland Empire and Pomona Valley

Riverside and San Bernardino counties are home to some of the largest concentrations of distribution centers in California, from Ontario, Fontana and Rialto to Moreno Valley, Perris and Riverside. Across the county line, Pomona, Chino and the surrounding cities are part of the same logistics corridor. Many of these facilities easily meet the law’s size thresholds.

Our firm has offices in Riverside and Pomona, close to where these workers live. If you work in the region, see our Riverside employment lawyer and Pomona employment lawyer pages. For pace-related injuries, our Riverside workers’ compensation lawyers can help with the medical side.

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What to do if a quota is costing you breaks or your job

1. Write down your quota. Record the number, the time period, and how you learned it. Save any written description you were given.
2. Keep a break log. Each shift, note whether you got your meal and rest breaks, and why not if you missed one.
3. Request your data in writing. Ask for your quota description and 90 days of work-speed data under Labor Code 2104. Note the date.
4. Report injuries right away. Tell your supervisor in writing about any pain caused by the pace of work and ask for a workers’ comp claim form.
5. Don’t sign anything on the spot. If you are handed a final warning or a separation agreement, ask for time to review it.
6. Talk to a lawyer. Deadlines apply, and retaliation, wage and injury claims often need to move together.

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Frequently asked questions

Can I be fired for not making rate in California?

California is an at-will state, so an employer can generally discipline for poor productivity. But it cannot discipline you for missing a quota that was never disclosed, or one that kept you from taking breaks, using the bathroom, or working safely. Firing you within 90 days of a quota request or complaint is presumed retaliatory.

Does the warehouse quota law apply if I work through a staffing agency?

Yes, in most cases. The law counts workers the company controls through a staffing agency, and both the agency and the warehouse can be responsible for compliance.

How fast does my employer have to give me my work-speed data?

As soon as practicable, and no later than 21 calendar days after your request. You can ask for the most recent 90 days of your own data. Former employees get one request.

Can my employer track my “time off task”?

Generally, yes. The law does not ban monitoring, but the numbers cannot be used to stop you from taking breaks, using the bathroom or following safety rules.

How long do I have to bring a claim?

Claims for unpaid break premiums generally have a three-year deadline (Code of Civil Procedure 338), or four years in some cases. A retaliation complaint with the Labor Commissioner under Labor Code 98.7 generally must be filed within one year. PAGA claims have a one-year window. Get advice early so you do not lose any of them.

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