Only Six States Require Heat Breaks for Workers. The Other 44 Are on Their Own

Farm workers take a break and drink water in the shade of a tent as they weed a bell pepper field in the sun as southern California is facing a heatwave, in Camarillo, on July 3 2024. The administration of US President Joe Biden on July 2, proposed new regulations aimed at protecting laborers working in extremely high temperatures, as heat waves intensified by climate change increasingly blanket the nation. The rule would be aimed at mail carriers, delivery people, construction workers, landscapers, restaurant staff and others exposed to consistently high heat indexes, which measures how the temperature actually feels to humans. (Credit: Photo by ETIENNE LAURENT / AFP) (Photo by ETIENNE LAURENT/AFP via Getty Images)

Ask a roofer, a landscaping crew, or a warehouse supervisor whether federal law sets a temperature ceiling for outdoor work, and most will assume it does. It doesn't. In the summer of 2026, roughly 44 states still have no enforceable rule governing when employers must hand out water, shade, or rest breaks in dangerous heat — and the federal proposal meant to close that gap has been sitting in limbo for nearly two years.

A Federal Rule That Keeps Not Arriving