Calif.'s Kilby Ruling Sparks Big-Ticket PAGA Seating Deals

Law360 (October 31, 2019, 9:33 PM EDT) -- The California Supreme Court's 2016 Kilby ruling has sparked a wave of multimillion-dollar Private Attorneys General Act settlements, like CVS Pharmacy's recent $19.5 million deal, and pushed major retailers and banks to provide seats to tens of thousands of cashiers and bank tellers in the Golden State.

In its April 2016 Kilby v. CVS Pharmacy Inc. ruling, the high court clarified California's suitable seating requirements, finding that Golden State employers must provide seats if tasks at a given workstation — rather than all tasks in a worker's day — can be done sitting down.

Since then, at least a dozen companies have reached...

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