Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022)
Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at the employees’ workstations, resolution of the issue of whether an employer has “provided” suitable seating may be inappropriate at the summary judgment stage.
Facts: Plaintiff Monica Meda worked as a sales associate at an auto parts store operated by Defendant AutoZoners. Plaintiff filed an action against Defendant under the California Labor Code Private Attorneys General Act (“PAGA”), alleging that Defendant failed to “provide” suitable seating to employees at the cashier and parts counter workstations, as required by Industrial Welfare Commission Wage Order No. 7. Per company policy, the store had two raised chairs on site that were generally located in or near the manager’s office. No one at the store told Plaintiff that she was allowed to, or was prohibited from, using a raised chair at the front counter workstations, and she never asked for permission to do so. Defendant moved for summary judgment, on the ground that Plaintiff lacked standing to bring a representative action under PAGA because she was not aggrieved by Defendant’s seating policy. Specifically, Defendant contended that it satisfied the seating requirement by making the two raised chairs available to its associates. Moreover, Plaintiff knew seating was available because she had used one...
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