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Effective January 1, 2014, California employers will be required to pay an additional hour of wages for each day the employer fails to provide a required “recovery period” (shade break) to avoid heat-related illness to employees who work outside when the temperature exceeds 85 degrees.
Cal-OSHA regulations require California employers to protect their outdoor employees from the hazard of heat illness when the temperatures exceed 85 degrees. Under the regulations, California employers must allow, encourage and in effect provide their outdoor employees with access to shade when the temperature exceeds 85 degrees for at least five minutes on an as needed basis as often and whenever an employee feels the need to do so to protect him or herself from overheating.
The regulations do not set forth how often employees can take such 5 minute cool-down rest periods. Further, the regulations do not specify under what, if any, conditions the employer could deny a request for an additional shade break. It is therefore presumed that the 5 minute shade “recovery periods” must be provided to outdoor employees when the temperature exceeds 85 degrees as often as the affected employee requests it.
Posted In: Employment Law News
Blog Categories:Business Law Bulletin
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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.
Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.