The California Court of Appeal in Meda v. AutoZone, Inc. recently reversed a trial court’s finding that an employer demonstrated it “provided” seats to its employees as a matter of law under California’s suitable seating requirement. This rule stems from subdivision 14(A) of the Wage Orders,^[1] which provides that California employers must provide suitable seats to employees “when the nature of the work reasonably permits the use of seats.” In Kilby v. CVS Pharmacy, Inc., 63 Cal. 4th 1 (2016), the California Supreme Court set forth the fact-intensive framework and multiple factors in analyzing whether the “nature of the work reasonably permits the use of seat,” triggering the employer’s obligation to provide suitable seats. However, no published California authority had considered what steps employers must take to “provide” seats under subdivision 14(A).^[2]

On July 19, 2022, in Meda v. AutoZone, the Court of Appeal grappled with the issue, and ultimately made clear that even where an employer makes seats available, the inquiry whether an employer “provided” suitable seats may be fact-intensive and involve a multitude of job- and workplace-specific factors.

Background of Meda v. AutoZone, Inc.

Meda, a former sales associate who worked at an AutoZone store operated by AutoZoners, asserted one cause of action under the California Private Attorneys General Act (PAGA), alleging that AutoZoners failed to provide suitable seating to its employees at the parts counter and cashier...

Read Full Story: https://www.natlawreview.com/article/are-you-sitting-down-california-court-ap...