Takeaway: A court's inquiry into whether an employer has provided suitable seating to employees should be fact-intensive and involve a multitude of job- and workplace-specific factors.
In California, an employee is entitled to use a seat while working, if the nature of the work reasonably permits the use of a seat. In that circumstance, an employer is required to provide the employee with a suitable seat.
An appellate court considered for the first time what steps an employer should take to provide suitable seating within the meaning of the seating requirement. It concluded that where an employer has not expressly advised its employees that they may use a seat during their work and has not provided a seat at a workstation, the inquiry as to whether an employer has provided suitable seating may be fact-intensive and may involve a multitude of job- and workplace-specific factors.
A former sales associate at an auto parts store sued the company that operated the store, asserting one claim under the Private Attorneys General Act (PAGA). She alleged that the store failed to provide suitable seating to employees at the cashier and parts counter workstations, where some or all of the work could be performed while sitting.
The company sought to have the case dismissed before trial, arguing that the former employee could not bring a representative action under PAGA because she was not aggrieved by the seating policy. Specifically, the company claimed that it satisfied the seating...
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