Failure to Provide Cal-OSHA-Required Recovery Periods to Avoid Heat Illness Now Results in Premium Pay – And More Class Action Litigation

California’s now familiar one-hour-of-pay premiums for missed meal and rest periods will gain more “heat” on January 1, 2014, when a one-hour-of-pay premium will be required for each day an employer fails to provide “recovery periods” to avoid heat-related illness for employees who work outside. The new pay premiums pose compliance challenges for employers because of the open-ended obligation to provide recovery periods.