News & Analysis as of

Totality of Circumstances Test Suitable Seats Lawsuits

Bass, Berry & Sims PLC

California Employers Reminded that Failure to Provide "Suitable Seating" Could Prove Costly

Since 2009, many large retailers in California have been sued for failing to provide “suitable seating” in accordance with the state’s wage orders. Some of those employers have recently been forced to pay significant...more

Morrison & Foerster LLP

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

Latham & Watkins LLP

Sitting on the Job: When California Employers Must Provide Seats

Latham & Watkins LLP on

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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Alston & Bird

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

Alston & Bird on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Takes a Stand on Employers' Obligations to Provide Seating

On April 4, 2016, the Supreme Court of California ruled on employers’ obligations, under certain circumstances, to provide seating for employees under Industrial Welfare Commission Wage Order No. 7-2001, which states that...more

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