Law Enacted Mandating Pay to Expand Protection for Outdoor Worker Heat Breaks
July 21, 2014 by Andrew Baker
As the drought drags on and temperatures reach their midsummer highs in California, many outdoor workers face exposure to increasingly dangerous, even deadly, conditions. California employment law for some time now has required breaks and access to shade in high-temperature conditions. But confusion about whether breaks to recover from heat exposure are paid or unpaid meant that workers could face the difficult decision of either sacrificing a portion of their daily wages by taking a break to recover or attempting to work through unbearable conditions to maximize their earnings at the cost of their well-being. Recently enacted Senate Bill 1360 clarifies the law and protects workers’ rights to avoid suffering under such no-win conditions.
Signed into law by Governor Brown on June 28, 2014, Senate Bill 1360 specifies that time spent on heat-related breaks is fully compensable. It is important for businesses and employees to understand the rights of workers associated with outdoor work in high heat. Beeson, Tayer and Bodine (BT&B) provide a summary below and encourage workers to review other job rights and employment protections provided by Federal and California state laws.
The state of California has a number of rules designed to protect outdoor workers from the heat. California’s Occupational Safety and Health regulations require employers to provide outdoor workers with shade and rest periods upon demand when outdoor temperatures rise above 85 degrees Fahrenheit. Employers must provide enough shade to protect at least 25% of the workforce at any given time. The shaded area must be as close to the work area as practicable, and there must be sufficient space and ventilation for the workers to recover comfortably. When temperatures rise above 95 degrees Fahrenheit (a common occurrence in the Central Valley), special high-heat provisions take effect. These protections require strict communication procedures to prevent heat stroke, which can strike rapidly and render workers unable to call for help. And even when temperatures do not rise above 85 degrees Fahrenheit, employers must provide at least one quart of safe, clean water per employee per hour.
Existing law already provides for an extra hour’s pay if the employer requires an employee to work during his/her heat-related rest or recovery period or fails to provide an employee a mandated rest or recovery period. This new law now makes clear that outdoor workers who take a break to protect themselves from overheating do so without loss of pay. For more information on job rights including a list of FAQs on meal and rest break requirements visit the BT&B website or contact us directly at our Sacramento or Oakland locations.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
