Workers Win Right to Suitable Seating at their Workstations

California Supreme Court and Ninth Circuit Construe Century-Old Seating Law in Favor of Workers

Construing California’s “suitable seating” law for the first time since its enactment in 1913, the California Supreme Court ruled in April 2016 that California employers must provide workstation seating to all employees when the “nature of their work reasonably permits the use of seats.” Based on the Supreme Court’s worker-friendly construction, the Ninth Circuit applied California’s seating law to three pending class actions, ruling on June 8, 2016 that a district court had properly certified a statewide class of Walmart checkout cashiers under that standard, but that two other district courts had erroneously denied certification under that same law, one case involving CVS checkout cashiers and the other involving JPMorgan Chase bank tellers under that same law. Altshuler Berzon LLP and its co-counsel represent the workers in all three cases, and partner Michael Rubin argued the cases in both the Ninth Circuit and California Supreme Court.