Civil Attorneys Note new Employment Law Protects Outdoor Workers

Civil attorneys are taking note of a new California employment law, SB-435 Compensation: meal and rest or recovery periods. The new law amends Section 226.7 of the California Labor Code. The employment law requires recovery periods to be given to outdoor workers as necessary and if the employer fails to provide recovery periods the employer will be forced to pay the employee one additional hour of pay for each missed recovery period. Civil attorneys express that "recovery periods," which may also be referred to as rest periods, specifically addresses the needs of outdoor workers while working during hot weather.

Outdoor Workers most Affected by New Employment Law:

• Agricultural
• Construction
• Landscaping
• Oil and Gas Extraction
• Transportation (not those working in air-conditioned vehicles and not those loading and unloading). 

Civil attorneys speculate the new California employment law will raise litigation lawsuits and settlements. Especially, class-action cases against employers who do not make adequate adjustments or train supervisors to assimilate with new labor requirements. Civil attorneys know the new employment law is attempting to minimize cases of heat illness and deaths prompted by recent research.

Civil Attorneys advise California employers with outdoor workers on these Cal/OSHA rules:

• Provide training to supervisors, managers, and employees on recognizing symptoms of heat illness and how to prevent it, risk factors of heat illness, acclimatization, and importance of drinking water.
• Provide 1 quart fresh water per hour to each employee and encourage employees to drink it.
• Provide access to a shaded area within 2.5 minutes walking distance where employees can cool-down from the heat. 25% of the employees should be able to access shade without touching each other at all times.

If you are an employer and want to minimize your exposure to lawsuits, class-actions, and or California penalties, consult with a civil attorney. A California civil attorney with employment law expertise can review your employee manuals, documents, training materials, procedures and more to affirm your compliance with all state and federal labor laws and regulations. There are many new state and federal laws, including current labor, wage and hour laws that are made or constantly being amended. California legislators and courts expect employers to be in compliance at all times.

Don't risk yourself or your business to very costly and debilitating legal problems, call an experienced civil attorney now at 855-200-ATTY (855-200-2889).

The list and information above is not exhaustive, visit the complete guide for Employers by the California Division of Occupational Safety and Health for more information on prevention of heat illness.