CVS

News & Analysis as of

First Circuit Affirms Dismissal For CVS Caremark Under Public Disclosure Bar

The FCA’s public disclosure bar precludes liability when a relator’s allegations have been publicly disclosed in a list of statutorily enumerated sources. Last week, the First Circuit added to the growing jurisprudence both...more

Pharmacy Settles Claim for Filling Forged Rx’s, as Trend Continues

There was a time when liability—criminal or civil—for drug abuse or forged prescriptions usually lay only with the abuser or the forger and those who actively helped them. Those days are long gone. First, we had PDMPs...more

Employment Law - June 2016 #3

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

Alert: California Supreme Court Clarifies Employers' Obligation to Provide "Suitable Seating" to Employees

The California Supreme Court has issued a recent opinion (Kilby v. CVS Pharmacy, Inc., No. S215614) interpreting, for the first time, California's Wage Order requirement that "all working employees shall be provided with...more

Take a Seat (if Reasonable): The California Supreme Court “Clarifies” Employee Seating Requirements

In April, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court weighed in, at the request of the Ninth Circuit, on elements of two California Wage Orders that have, until now, received relatively little notice, and...more

Employment Law Commentary, April 2016: Kilby V. CVS Pharmacy: The California Supreme Court In The Driver’s Seat Clarifies Seating...

Kilby V. CVS Pharmacy: The California Supreme Court In The Driver’s Seat Clarifies Seating Standards In The Workplace - Most of the California Industrial Welfare Commission’s industry and occupational wage orders...more

Pull up a Chair: California Supreme Court Weighs in on Suitable Seating

To sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer. Even that’s a stretch. Pull up a seat and I will...more

California Supreme Court Tells Employers to Sit a Spell While Courts Review Individual Factors for Suitable Seating

“Shut the door. Have a seat.” The phrase immediately conjures emotions from the recipient. Most likely, life-changing (typically bad) news is about to be imparted. For Mad Men fans, it harkens to the third-season finale when...more

Are You Sitting Down for This? The California Supreme Court Offers Guidance to Employers For Meeting Their Seating Obligations

Most employers rarely think about their obligation to provide seats for their employees. The California Supreme Court’s recent decision in Kilby v. CVS Pharmacy should have employers standing up and taking...more

The California Supreme Court’s Ruling on Suitable Seating – a Legal and Ergonomics Perspective

A recent California Supreme Court ruling provides crucial new guidance on how courts should weigh the evidence in so-called “suitable seating” cases, which employee litigants are bringing under the state requirement that...more

The California Edition of the Employment & Labor Newsletter

Take a Seat! California Supreme Court Provides Clarity on California’s Suitable Seating Laws - A recent ruling by the California Supreme Court on suitable workplace seating arrangements will affect a vast number of...more

To Seat, or Not to Seat: That is the Question

Seyfarth Synopsis: Seats must be provided for each location where the work reasonably permits. It started like a bad joke. A cashier and a bank teller walk into a bar—actually, a federal court served by the Bar—and sue...more

Sitting on the Job: When California Employers Must Provide Seats

Employees are entitled to sit at work when the nature of the work reasonably permits the use of seats. On April 4, 2016, the California Supreme Court, in an opinion authored by Justice Carol A. Corrigan, clarified...more

Only In California: Standing Up For Sitting Down

California’s wage orders, which regulate working conditions for most industries and occupations, require that “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the...more

Better Sit Down for This… or Stand and Rejoice? California Supreme Court Clarifies “Suitable Seating” Rules

Last week, the California Supreme Court issued a ruling on a California Wage Order requirement that employers provide “suitable seats” for employees when the “nature of the work reasonably permits the use of seats.” The...more

Question #275: Can We Take A Stand On Employees Sitting?

Question: Some of our retail company’s employees in California are demanding chairs to sit in while they work. Management thinks it appears unprofessional to have workers sitting, but I hear the employees might have a legal...more

California Employers Must Carefully Reconsider Whether Employees Can Be Provided With “Suitable Seats” In Light of New Decision

A recent California Supreme Court decision has the potential to affect all California employees who are required to stand while performing parts of their job. In response to numerous lawsuits brought by cashiers, retail...more

California Supreme Court Takes a Stand About Employees Sitting

Earlier this week, the California Supreme Court, in Kilby v. CVS Pharmacy, clarified that the suitable seating requirement in several California wage orders may entitle employees to a seat when their tasks can be accomplished...more

Labor & Employment Advisory: California Supreme Court Expands “Suitable Seating” Requirements

In an opinion with far-reaching implications for California employers and one that will change the posture of California’s “suitable seating” law, the California Supreme Court recently provided further guidance on how one of...more

California Supreme Court Tells Both Sides to Sit Down

The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the...more

Better Sit Down For This: Court Clarifies “Suitable Seating” Rules

Seyfarth Synopsis in a Second: Suitable seating is required in California where tasks performed at a particular location reasonably permit sitting, and where providing a seat would not interfere with the performance of...more

California Shapes Standards for Suitable Employee Seating Requirements

California wage orders – state-issued employment standards having the force of law – require all working employees to be provided with “suitable seats when the nature of the work reasonably permits the use of seats.” On April...more

California Supreme Court Rules That Employees May Have Right To Sit During Working Hours

On April 4, 2016, the California Supreme Court ruled that employers must provide an employee with seating if the employee’s tasks at a discrete location make seated work feasible, even if the employee’s job duties include...more

California Supreme Court Clarifies When Employers Must Provide Employees With Seats

On April 4, 2016, the California Supreme Court issued an opinion with important implications for all California employers. For the first time, the court interpreted the meaning of wage orders promulgated by California’s...more

Legal Considerations for Retail Clinics

Retail clinics have grown substantially in number and popularity since their emergence in the early 2000s. Retail clinics are limited healthcare clinics that operate outside of physician offices and hospitals, typically in...more

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