In a well written opinion issued December 19, 2012, Judge William Alsup sides with KMart in a suitable seating case brought against retailer by an employee claiming the checkout stand needed to be reconfigured with a seat to sit down. The Court provided employers with the best explanation so far of employer obligations in these types of cases. In so doing, KMart blazed a trail for others in the retail and restaurant industry to use in defending against these types of cases.

Continue Reading Federal Judge In California Tells Class Counsel to Stand Up: KMart Wins Suitable Seating Case….For Now

California Employers have watched in recent years as an obscure provision in California Wage Orders has wreaked havoc in the courts. The provision requires “suitable seating” for employees when the nature of their work reasonably permits the use of seats. Not surprisingly, awareness of this issue came as a result of a warped interpretation of the provision by class action plaintiffs’ counsel.

Continue Reading You’ve Got To Stand Up To Sit Down: Suitable Seating In California