“Suitable seating” class actions have been on the rise in the last couple of years in California. The first “suitable seating” class action is currently under review by a trial judge in San Francisco. However, in the meantime, the Ninth Circuit has decided to consider a related case against Wal-Mart, where plaintiffs’ attorneys are claiming damages in the amount of $150 million. The appeals court has agreed to review class certification of roughly 22,000 California cashiers who claim they were denied a place to sit in violation of state labor regulations. It is no wonder businesses are fleeing to the greener pastures of Texas and other states that do not exhibit an abject hatred toward employers. Hopefully these courts will consider the impact of their individual decisions and provide California’s embattled employers with some relief (or at the very least some clarity). See: http://www.law.com/jsp/law/sign_me_in.jsp?