Amendments to National Labor Relations Act

(a) In general Section 8(a) of the National Labor Relations Act (29 U.S.C. 158) is amended— (1) in paragraph (5) by striking the period at the end and inserting; and; and (2) by adding at the end the following: (6) to impose on an employee a quota that significantly discourages or prevents, or is intended to significantly discourage or prevent, an employee from exercising the rights guaranteed in section 7.. (b) Presumption of retaliation Section 8 of the such Act (29 U.S.C. 158) is amended by adding at the end the following: (h) Presumption of retaliation related to a quota Any action to impose a quota on an employee that is taken against the employee within 90 days of an employee exercising the rights guaranteed in section 7 shall establish a rebuttable presumption that the action is discrimination against the employee in violation of subsection (a)(6).. (c) Definitions Section 2 such Act (29 U.S.C. 152) is amended by adding at the end the following: (15) Quota (A) In general The term quota means a performance standard or performance target, including such a standard or target used to rank an employee in relation to the performance of another employee or in relation to the past performance of the employee, under which— (i) (I) an employee is actually or effectively assigned, required, or expected within a defined time period (with or without any reasonable accommodation provided under Federal, State, or local law) to— (aa) perform— (AA) a quantified number of tasks; or (BB) at a specified productivity speed; or (bb) handle or produce a quantified amount of material without a certain number of errors or defects; and (II) such assignment, requirement, or expectation is measured at the individual or group level for such defined time period; (ii) actions by an employee are categorized and measured between time performing tasks and not performing tasks within a defined time period; or (iii) increments of time of a defined time period during which an employee is or is not doing a particular activity are measured, recorded, or tallied. (B) Defined time period For purposes of subparagraph (A), the term defined time period means any unit of time measurement equal to or less than one day, including hours, minutes, and seconds and any fraction thereof..