Jason Brown's article "SB 1360: Clarification of Term 'recovery period'" was featured in the Daily Journal on January 6, 2015.
California can be a hot place to work. But regulating heat illness prevention in the workplace is still a work in progress. In 2013, the state Legislature passed Senate Bill 435, which mandated breaks for employees to escape the heat. Labor Code Section 226.7 was amended to include "recovery periods" in the definition of meal and rest breaks. Like meal and rest breaks, "recovery periods" are now protected such that an employer must pay an employee one additional hour of pay for each workday that the "meal or rest or recovery period is not provided." "Recovery Period" was defined as "a cool down period afforded an employee to prevent heat illness."
In the article, Jason discusses the amendment to the Labor Code in Senate Bill 1360 which makes one key clarification: recovery periods are paid time, akin to rest breaks rather than meal periods.
Jason noted, employers remain concerned that employees will abuse "recovery periods." Unlike California's well-developed and mandated 10-minute rest periods, which are strictly defined and tied to the time worked, "recovery periods" must be offered whenever an employee feels the need to take them. It is unknown whether a heat illness recovery period of 10 minutes or more may be also counted as the formerly mandated rest periods in California.
Proactive employers are testing best practices to make sure employees are provided the opportunity to escape the heat, but that they do not abuse the right. These strategies include signed acknowledgments following shifts, supervisory roles to monitor outdoor employees and encourage breaks, and even video cameras to monitor the workforce. Finding the balance between safety and productivity has always been a concern for employers, but SB 1360 clarifies that the most compliant policy will be safety first.
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