9th Circ. Revives BofA Tellers' Seating Class Action

Law360, New York (February 13, 2013, 7:26 PM EST) -- The Ninth Circuit Court of Appeals on Wednesday revived a putative class action accusing Bank of America Corp. of unlawfully denying seats to tellers, saying the lower court's dismissal wrongly found that employees must request seats before they're provided.

Former Bank of America tellers Olivia Giddings and Rhonique Green argued that U.S. District Judge Manuel Real misinterpreted an Industrial Welfare Commission wage order to mean that Bank of America has to make seats available only to the extent that employees want or request them. The Ninth...
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