Pull Up A Chair To Discuss What "Provide" Means

Seyfarth Synopsis: California law requires employers to "provide" suitable seating to employees where the nature of the work permits it. A California Court of Appeal held that despite chairs being present at the store where the plaintiff worked, and the fact that the plaintiff used one of the chairs for two days, there were triable issues of fact as to whether the employer had "provided" suitable seating. Meda v. Autozone, Inc.

The Facts

Monica Meda worked as a sales associate at an AutoZone auto parts store for a franchisee (AutoZoners). As a sales associate, Meda assisted customers at a cashier station and parts counter. Meda claimed that some or all of her duties could be performed while sitting.