One of the new laws for 2014 is SB 435, which requires one hour of premium pay for an employer's failure to provide additional rest breaks to serve as heat recovery periods for employees who work outdoors. Cal-OSHA regulations require that employees who work outdoors in temperatures exceeding 85 degrees be allowed and encouraged to take a cool-down rest period of 5 minutes to avoid overheating. Therefore, employers who do not comply with this regulation can be subject to claims for failure to provide rest breaks and/or to pay the one-hour premium for missed rest breaks.
The question that has come up for many businesses is whether this new law applies to their employees who may occasionally work outside. For example, some of my hospitality clients want to know if the heat recovery rest break rules apply to employees who work an outside catering event, or to servers who work by the pool, or to an engineer who may do some painting or repair work outside.
Thankfully for the hospitality industry, the heat recovery rules do not apply. The Cal-OSHA heat recovery regulations only apply to the following industries: Agriculture, Construction, Landscaping, Oil/Gas Extraction, and certain Transportation/Delivery services.
That said, it certainly makes sense for all businesses to be cognizant of heat issues for their employees, and to give them ample water, shade, and a place to rest as needed to avoid heat stroke. It is also a good reminder that certain rules, including California's wage orders, are industry specific, so it is always a good idea to check if particular rules (or new developments) apply in your industry.
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