Forced to stand all day at work?
Are you entitled to seating under California law?
Are you entitled to penalties for inadequate seating?
If you think you should have been provided with seating, call us at 1-800-535-5291 Your call will be free and confidential
Are you a bank teller, retail cashier, ticket taker, receptionist or other California worker who has been forced to stand in one of your work areas because no suitable seat has been provided?
If so, California law protects you.
California law requires your employer to provide you with a suitable seat if the nature of your work would allow the use of seats. This applies to all of the areas where you work. Even if your duties for most of the day require you to stand, the California Supreme Court ruled in Kilby v. CVS Pharmacy, Inc. that if there is a workstation or work area where the work you are doing would allow you to sit down, your employer must provide you with a suitable seat at that workstation.
And even if the nature of your work requires you to stand, your employer must place an adequate number of suitable seats near you so that you and your colleagues can sit down when sitting won’t interfere with your ability to perform your duties.
If your employer has failed to provide a suitable seat for you, you may be able to assert a claim for penalties under the California Private Attorneys General Act (PAGA). The penalties can be as high as $100 per employee per pay period for the first violation and as high as $200 for each additional violation. The PAGA penalties are split between employees and the state, with the state receiving 75%. You may also be able to help your co-workers if they also have suffered from a lack of the suitable seating that the law requires. Employers such as Walmart, CVS Pharmacy, Rite Aid, Bank of America, Walgreens, Safeway, and Target have settled suitable-seating cases for amounts ranging from $9 million to $65 million. Those results are illustrative only. Your results would depend on the unique facts and circumstances of your situation.
Find out if you qualify to bring a California suitable seating case by filling out the form on this page for a FREE case evaluation. It’s absolutely free to find out, so act now!
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PAID ATTORNEY ADVERTISEMENT: THIS WEB PAGE IS AN ADVERTISEMENT. The information contained herein is not legal advice. Any information you submit to Keller Grover LLP does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit time-sensitive information or information that you wish to keep confidential. Instead, please contact us directly regarding any such matters. All photos are of models and do not depict clients.
The foregoing is meant to be a general summary of the applicable law. Your specific case would depend upon the facts and circumstances applicable to you and your employer.