Takeaway: In addition to the obligations imposed by the Industrial Welfare Commission wage order, California employers may be required to provide seating as a reasonable accommodation for workers with disabilities under the Americans with Disabilities Act or the California Fair Employment and Housing Act.
Ralphs Grocery Co. was not required to provide seating for its cashiers, a California appeals court ruled, in an action brought under the Private Attorneys General Act (PAGA). The court also ruled that a plaintiff in a PAGA action is not entitled to a jury trial.
PAGA allows aggrieved employees to sue over alleged labor code violations on behalf of themselves and other employees by stepping into the shoes of state regulators to recover civil penalties. Seventy-five percent of the penalties that are recovered go to the state, and 25 percent go to employees.
The plaintiff worked as a cashier at a Ralphs store. She brought a PAGA action against the company on behalf of herself and other current and former cashiers, alleging that Ralphs violated an Industrial Welfare Commission wage order.
Under the wage order, all employees must be provided with "suitable seats when the nature of the work reasonably permits a seat." Furthermore, even when the nature of the work requires standing, an adequate number of seats must be "placed in reasonable proximity to the work area," and employees must be allowed to use those seats at times when it doesn't interfere with their job duties.
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