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SB 1360: Clarification of Term ‘recovery period'


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.

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