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The Ninth Circuit has asked the California Supreme Court to clarify California’s “suitable seating” law requiring certain employers to “provide” “suitable seating” to some employees where “the nature of the work reasonably permits the use of seats.”
The Ninth Circuit has asked whether the term “nature of the work” refers to individual tasks or a full range of duties, whether an employer’s business judgment should be considered in determining if the nature of the work “reasonably permits” the use of a seat, and whether the employee must prove what would constitute a “suitable seat” to prevail.
Continue Reading Clarification of California’s “Suitable Seating” Requirements May – Or May Not — Be Forthcoming

By Michael Kun

As we have written before in this space,  the latest wave of class actions in California is one alleging that employers have not complied with obscure requirements requiring the provision of “suitable seating” to employees – and that employees are entitled to significant penalties as a result.

The “suitable seating&rdquo…

By Michael Kun

Employers with operations in California have become aware in recent years of an obscure provision in California Wage Orders that requires “suitable seating” for some employees.  Not surprisingly, many became aware of this provision through the great many class action lawsuits filed by plaintiffs’ counsel who also just discovered the provision.  The…