Existing law prohibits an employer from requiring an employee to work during any meal or rest period mandated by an order of the Industrial Welfare Commission (“IWC”). A new bill (SB 435) would make the prohibition applicable to a meal, rest, or recovery period mandated not only by the IWC, but by the Occupational Safety and Health Standards Board, and the Division of Occupational Safety and Health as well. The new law requires that an employer pay an employee for any meal or rest or recovery period mandated by law for each workday that the period is not provided. “Recovery Period” is defined as a cooldown period afforded an employee to prevent heat illness. Title 8, § 3395 of the California Code of Regulations recommends that employers allow employees to take a cooldown rest in the shade as needed for a period of no less than five minutes.
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Recovery periods for certain employees now required
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