A New Perspective On Seated Work For Calif. Employers

Law360, New York (April 27, 2016, 2:17 PM EDT) -- On April 4, 2016, the California Supreme Court expanded the availability of seating for employees and the considerations that employers must make in deciding whether to provide seating in the workplace. The case is Kilby v. CVS Pharmacy Inc., one of two related Ninth Circuit cases in which there arose a dispute as to whether an employer would need to provide seating in the workplace, and specifically under California's Occupational Wage Order No. 4 (professional, technical, clerical, mechanical and similar occupations) and Industrial Wage Order No. 7 (mercantile industry). The Ninth Circuit asked the California Supreme Court to provide an advisory opinion as to the state of California law on workplace seating as defined by the two wage orders....

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