Penalty for Missed Heat Illness Prevention Recovery Periods

The current version of Labor Code section 226.7 provides a penalty of one hour's pay for each day that an employee is required to work during any required meal or rest period. Cal-OSHA regulations require employers of certain outdoor workers to encourage and allow the workers to take a cool down rest in the shade for a period of no less than five minutes at a time when they feel the need to do so to prevent overheating.

Senate Bill 435 expands Labor Code section 226.7, making it applicable to missed recovery periods, unless the employee is exempt from the recovery period rules. The law defines a recovery period as a cool down period afforded an employee to prevent heat illness.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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