Better Sit Down For This: Court Clarifies "Suitable Seating" Rules

Seyfarth Synopsis in a Second: Suitable seating is required in California where tasks performed at a particular location reasonably permit sitting, and where providing a seat would not interfere with the performance of standing tasks.

Section 14(A) of California IWC Wage Orders 4-2001 and 7-2001 requires employers to provide "suitable seats" for employees when the "nature of the work reasonably permits the use of seats." In the consolidated decision concerning Kilby v. CVS Pharmacy, Inc., and Henderson v. JPMorgan Chase Bank, the California Supreme Court, on April 4, 2016, clarified the "suitable seating" requirements: (1) The "nature of the work" refers to tasks performed at a given location for which a right to a suitable seat is claimed, rather than a "holistic" consideration of all an employee's duties during a complete shift, and rather than a narrow consideration of a particular work task. (2) Whether the nature of the work "reasonably permits" sitting is