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California Judge Rules in CVS Suitable Seating Lawsuit

June 20, 2012

Our recent Santa Ana, California employment attorneys blog discussed the current rise of suitable seating lawsuits in the State of California--where retail store chains like Target, Home Depot and CVS have been sued for failing to provide standing employees with suitable seating.

As Vincent Howard discussed previously, the suitable seating lawsuits were brought under the Private Attorneys General Act (PAGA), and claimed that the stores violated the IWC Wage Order (Wage Order 7-2001, Section 4)--that contains provisions regulating work hours, minimum wage and suitable seating, among other employment issues, and states that employers must provide suitable seats for employees, when their employment duties reasonably permit the use of seats.

In the Hope Depot decision from December 2010, the California court ruled that PAGA could enforce the suitable seating requirements and that Home Depot employees were entitled to recover $100 for each pay period where the initial violations were found, along with $200 per pay period for each following violation.

Last month, another California class action suitable seating lawsuit was resolved, but this time in favor of CVS--after the pharmacy retail chain was accused of failing to provide chairs for the store's cashiers. The class action lawsuit was filed by Nykeya Kilby in 2009, a former California CVS cashier, who claimed that CVS did not follow California state labor law, that requires them to provide their employees with suitable seats while they work.

Kilby's lawsuit claimed that many of the tasks performed by the CVS cashiers, such as making change, waiting for customers, scanning items, and receiving merchandise payment, could be performed while sitting down.

Unlike the suitable seating cases involving Home Depot, where the judge ruled in favor of the seatless employees, according to last month's ruling in the CVS suitable seating lawsuit, CVS does not have to provide retail cashiers with chairs.

Court documents also stated that CVS claimed to have fired Kilby for missing work after being employed at CVS for eight months. CVS stated that Kilby never requested to use a chair during her time as an employee with the company.

In cities throughout Orange County, California and Southern California, contact Howard Law, PC today for a free consultation about your labor and employment issue.

California Court Tells CVS Workers They Can't Sit In Chairs, June 5, 2012

Related Web Resources:

Labor Code Private Attorneys General Act of 2004

Industrial Welfare Commission wage orders, IWC

Related Blog Posts:

Rite Aid to Pay Over $20M in Class Action Wage and Hour Lawsuit Settlement, California Employment Lawyers Blog, June 19, 2012

Wal-Mart To Pay Nearly $5M in Back Wages, Damages for Employee Misclassification, California Employment Lawyers Blog, May 25, 2012

2011 Labor and Employment Law in Review: EEOC's Verizon Settlement, Suitable Seating, Employee Misclassification, California Employment Lawyers Blog, January 17, 2012

California Retail Stores Hit with Flurry of Suitable Seating Lawsuits, California Employment Lawyers Blog, June 20, 2011

Home Depot Sued for Civil Penalties in Suitable Seating Case, California Employment Lawyers Blog, June 17, 2011