Suitable Seats Lawsuits

News & Analysis as of

California Court Says No Need To Resolve Disputes Over Substantive Law In Evaluating Whether Class Can Be Certified

Suppose that you’re a trial court considering a motion for class certification. And suppose that the parties present you with two competing statutory interpretations. One legal standard permits the case to be adjudicated...more

The California Supreme Court Agrees To Answer Questions Regarding California's Suitable Seating Requirement

Most of the California Wage Orders require an employer to prove “suitable seats when the nature of the work reasonably permits the use of seats.” While the “suitable seat” requirement has been in the Wage Orders for many...more

Quirky Question # 222, Seats in the Workplace

We are a retail store. An employee in the warehouse requested an assigned chair to sit on when he is between tasks. Must we comply with this request in our California locations?...more

Are seating cases the next wave in California wage and hour class actions? Several prominent retailers have faced litigation from...

All of us have been to supermarkets, drugstores and department stores where the cashiers stand at their checkout stations. But could this be a violation of law? Should the employer be obligated to provide seating for its...more

Suitable Seating Class Action Cases Are On The Rise In California

Green v. Bank of America, No. 11-56365 (February 11, 2013) unpublished: The Ninth Circuit Court of Appeals recently held that employees need not make a request for “suitable seating” before filing a lawsuit against their...more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

Fenwick Employment Brief - February 2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Ninth Circuit Holds Employees Are Not Required To Allege a Request for “Suitable Seats” For Their Claims to Proceed

Last week in Green v. Bank of America Corp., No. 11.56365 (9th Cir. Feb. 13, 2012), the Ninth Circuit held that “suitable seats” lawsuits cannot be dismissed at the pleading stage based on an employee’s failure to allege that...more

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