Seating

News & Analysis as of

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

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...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

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

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 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

Edge of Our Seats: Oral Argument on “Suitable Seats” Cases

The countdown begins to receiving some clarity on the suitable seating rule from the California Supreme Court. On January 5, 2016, the Court heard oral argument in the consolidated matters of Kilby v. CVS Pharmacy, Inc. and...more

Employment Law - June 2014

Appellate Court Tosses Employee’s Seating Suit - Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more

California Supreme Court to Weigh in on Suitable Seating Issues

The California Supreme Court recently agreed to decide three significant issues relating to suitable seating requirements. These issues are of tremendous importance to California employers, and particularly those in the...more

Employment Law Advisory for April 17, 2012: What Does the “Suitable Seating” Requirement Mean for Your Workplace?

A previously ignored provision in the California Wage Orders provides that “[a]ll working employees shall be provided with suitable seats when the nature of their work reasonably permits the use of seats.” The language...more

California Court Finds For Retailer After Trial Of PAGA Seating Claims

In 2004, California passed the Private Attorney General Act, more commonly known either as “PAGA” or the “sue your employer act.” PAGA permits employees to bring claims against their employer, essentially on a class basis,...more

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