CVS Worker Asks 9th Circ. To Revive Seating Class Action

Law360, New York (March 6, 2013, 8:02 PM EST) -- A former CVS Pharmacy Inc. retail clerk urged the Ninth Circuit on Monday to reinstate her proposed seating rights class action, arguing that a handful of responsibilities that require employees to stand should not preclude them from being offered a seat while performing other tasks.

Nykeya Kilby told the appellate court that a California federal judge misinterpreted a state law requiring employers to provide seating to certain workers by ruling that Kilby's “job as a whole” required her to stand, even though she spent approximately 90...
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