Most of California’s Industrial Welfare Commission (IWC) wage orders mandate that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The California Court of...more
On February 18, 2022, a California appellate court issued the latest guidance in the continuing saga of statewide “suitable seating” litigation, cementing a significant trial victory for grocers, retailers, and other...more
Walmart reportedly agreed to pay $65 million to settle a case brought on behalf of nearly 100,000 current and former California cashiers who claimed the company violated their rights under a state law dating back to 1911 when...more
From the time of its enactment, the California Private Attorneys General Act of 2004 (“PAGA”) has been a thorn in the side of employers. For example, the California Supreme Court insists PAGA actions are not class actions,...more
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
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
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
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
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
Green v. Bank of America, No. 11-56365 (February 11, 2013) unpublished: The Ninth Circuit Court of Appeals recently held that employees need not make a request for “suitable seating” before filing a lawsuit against their...more