Kmart Wins 1st Trial, But Worker Seating Battle Not Over

Law360, New York (December 19, 2012, 3:43 PM EST) -- In the first class action over California's suitable seating law to go to trial, a federal judge ruled Tuesday that Kmart Corp. doesn't need to reconfigure its checkout counters to provide seating for its cashiers, but the decision offered plaintiffs a possible roadmap for victory as cases against the retail giant proceed.

Following a one-week bench trial, U.S. District Judge William Alsup determined the seating modifications proposed by plaintiffs' counsel were impractical and wouldn't allow cashiers to perform their jobs safely. The decision concerns one Kmart...
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Case Information

Case Title

Garvey v. Kmart Corporation

Case Number



California Northern

Nature of Suit

Labor: Other


William Alsup

Date Filed

May 27, 2011

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