Federal Law Preempts BofA Seating Suit, Judge Says

Law360, Los Angeles (May 20, 2013, 3:39 PM EDT) -- A California federal judge on Monday tossed a putative class action against Bank of America Corp. over suitable seating for its tellers, finding a California regulation requiring suitable seating in the workplace “offends and frustrates” the intent of the National Banking Act.

U.S. District Judge Manuel L. Real agreed with BofA that the NBA preempted the claims brought by two tellers under California's Private Attorney General Act. The bank argued the Industrial Welfare Commission order that allegedly required it to provide tellers with a “stool or...
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