Compliance Bulletin

Supreme Court Interprets California Wage Orders on Employee Seating Requirement
April 11, 2016

The California Supreme Court was asked by two federal courts to interpret the meaning of two Industrial Welfare Commission Wage Orders that dictate employers’ responsibilities to provide suitable seats where the “nature of the work” warrants it. One of the cases, Henderson v. JPMorgan Chase Bank NA, was filed against a bank by tellers. The other case, Kilby v. CVS Pharmacy, Inc. involved cashiers. The defendants’ argument was that a seat is required only if the job duties, taken as a whole, predominantly involve “sitting” duties. The court rejected this interpretation, saying that it would deny an employee seating when performing certain discrete tasks that could be performed seated. See CBA’s Regulatory Compliance Bulletin for more information.