A number of California employment lawsuits have been won in recent years by cashiers at retail locations seeking a place to sit at work. The door was first opened in 2010 when a pair of California Court of Appeal rulings allowed cashier plaintiffs to seek remedy when employers failed to provide reasonable seating.
In 2016, the California Supreme Court held in Kilby v. CVS Pharmacy Inc. that when tasks performed at a given location reasonably permit seating AND providing a seat wouldn’t interfere with the performance of any other tasks that might require standing, “a seat is called for.” Furthermore, if an employer argues no suitable seat is available, the burden is on the employer to prove unavailability.
As our Los Angeles labor and employment attorneys can explain, this provision is most often applied to cashiers, tellers and others who frequently work in stationary locations, but it’s not necessarily limited to the retail or banking sector or solely to cashiers. Continue reading