24 Jun Labor and Employment in CA Rules on Employee Seating Cases

The Supreme Court finally weighed in the Labor and Employment in California. The decision is Kilby v. CVS Pharmacy, Inc. The issue came to the Court via two class actions against CVS Pharmacy and JP Morgan Chase pending in federal courts in San Diego and Los Angeles, respectively.

Jury Trials

California wage orders require retail employers to provide seating for employees. The issue came to the Court via two class actions against CVS Pharmacy and JP Morgan Chase pending in federal courts in San Diego and Los Angeles, respectively.

Supreme Court Decision

The Court rejected both approaches, ruling that “[a]n employee may be entitled to a seat to perform tasks at a particular location even if his job duties include other standing tasks, so long as provision of a seat would not interfere with performance of standing tasks.”  The Court placed the burden on the employer of establishing that a seating requirement would be unfeasible.  While the Court did not side completely with the plaintiffs, the media appears to be giving the win to the employees.

Employment Practices

Fernald & Zaffos’s Labor and Employment practice covers the full range of labor and employment matters. Our attorneys help clients develop company-wide policies that affect all employees in addition to counseling clients’ employment disputes.