Most of California’s Industrial Welfare Commission (IWC) wage orders mandate that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The California Court of Appeal’s new decision in Meda v. Autozone, Inc. addressed what an employer should do to be deemed to have “provided” required seating, and the considerations in such a determination. While the issue may become fact-specific, an employer should inform employees expressly that they may use a seat if a job allows them to do so and make seats available for use in the employee’s area.
Fourteen of the 17 IWC wage orders (Nos. 1-13, and 15) have the seating requirement quoted above. They also require that “[w]hen employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area, and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.”
Wage Order No. 14 (Agricultural Occupations) requires suitable seats for “employees working on or at a machine” and when “the nature of the work reasonably permits the use of seats.” Wage Order No. 16 (Certain On-Site Occupations in the Construction, Drilling, Logging, and Mining Industries) requires seats for employees “[w]hen practicable and consistent with applicable...
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