CVS Retail Clerks Aren't Entitled To Seats, Judge Rules

Law360, New York (June 4, 2012, 2:17 PM EDT) -- A California federal judge on Friday dismissed a putative class action accusing CVS Pharmacy Inc. of failing to provide retail clerks with suitable seating, finding the nature of the employees' work does not reasonably permit the use of seats.

In granting CVS’ motion for summary judgment, U.S. District Judge Michael M. Anello held that named plaintiff Nykeya Kilby’s asserted section of the California Labor Code Private Attorney General Act of 2004 — which states that all working employees shall be provided with suitable seats when the...
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