California’s Heat Illness Prevention Regulation Creates Recovery Period Risk for Transportation and Logistics Employers
Since 2013, California employers have been required to provide “recovery periods” to employees working in high-temperature environments to prevent heat illness. Until recently, the law only applied to employees who worked outdoors. In July 2024, a new regulation went into effect, expanding the law to cover indoor employees and opening a new battleground for potential wage-and-hour litigation.
Under California law, a “recovery period” is a cool-down period that employers must provide to employees who work in high-temperature environments. Employers may not require employees to work during a recovery period, and Labor Code section 226.7 provides for an additional hour of premium pay for each workday a recovery period is not provided in accordance with the regulations.
The new regulation, Cal. Code Regs. tit. 8, § 3396, expanded recovery period obligations to indoor employees. Since many California warehouse and distribution facilities are located inland, where temperatures are higher, this creates a new source of wage-and-hour exposure.
The regulation governing indoor employees requires employers to provide access to cool-down areas and preventative cool-down rests under specified conditions. Litigation trends suggest that recovery period claims may become an increasingly common feature of class and representative actions for employees working in high-temperature facilities.
Employers should review indoor heat exposure points now, confirm whether Section 3396 applies, update written heat illness prevention plans, train supervisors, document temperature measurements, and ensure employees are provided the required recovery periods.
If you have questions about indoor heat compliance or recovery period risk, the Firm is actively advising employers on prevention planning and litigation exposure.
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News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
California’s Heat Illness Prevention Regulation Creates Recovery Period Risk for Transportation and Logistics Employers
Since 2013, California employers have been required to provide “recovery periods” to employees working in high-temperature environments to prevent heat illness. Until recently, the law only applied to employees who worked outdoors. In July 2024, a new regulation went into effect, expanding the law to cover indoor employees and opening a new battleground for potential wage-and-hour litigation.
Under California law, a “recovery period” is a cool-down period that employers must provide to employees who work in high-temperature environments. Employers may not require employees to work during a recovery period, and Labor Code section 226.7 provides for an additional hour of premium pay for each workday a recovery period is not provided in accordance with the regulations.
The new regulation, Cal. Code Regs. tit. 8, § 3396, expanded recovery period obligations to indoor employees. Since many California warehouse and distribution facilities are located inland, where temperatures are higher, this creates a new source of wage-and-hour exposure.
The regulation governing indoor employees requires employers to provide access to cool-down areas and preventative cool-down rests under specified conditions. Litigation trends suggest that recovery period claims may become an increasingly common feature of class and representative actions for employees working in high-temperature facilities.
Employers should review indoor heat exposure points now, confirm whether Section 3396 applies, update written heat illness prevention plans, train supervisors, document temperature measurements, and ensure employees are provided the required recovery periods.
If you have questions about indoor heat compliance or recovery period risk, the Firm is actively advising employers on prevention planning and litigation exposure.
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
