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Tag Archives: suitable seating

Pull up a Chair: California Supreme Court Weighs in on Suitable Seating

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations, Wage & Hour

To sit or not to sit, that is the question.  And now the California Supreme Court has given us an answer.  Well, sort of.  They have told us how to find the answer.  Even that’s a stretch.  Pull up a seat and I will explain. To help it resolve two class actions involving California Wage… Continue Reading

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

Posted in Labor Law

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… Continue Reading

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

Posted in Labor Law, Wage & Hour

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… Continue Reading

9th Circuit to Review Order Granting Class Certification of “Suitable Seating” Suit Against Wal-Mart

Posted in Labor Law, Wage & Hour

“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… Continue Reading