Calif. Appeals Court Revives Cashier's Seating Action

Law360, New York (November 15, 2010, 2:58 PM EST) -- A California appeals court has revived a cashier's putative class action seeking civil penalties from discount retail chain 99¢ Only Stores for its alleged failure to provide her with suitable seating on the job, finding that the claim is allowed under state labor laws.

The California Court of Appeal for the Second Appellate District on Friday said a lower state court erred in determining that a failure to provide suitable seating wasn't a violation of a state Labor Code section that empowers California's Industrial Welfare Commission...
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