It’s a crazy law, but someone should benefit from it — and no one is more deserving than lawyers!
Each wage order contains a provision requiring seats for workers “when the nature of the work reasonably permits the use of seats.” When the meal and rest period class action litigation started a few years ago, lawyers looked at other provisions of the wage order that could support mass litigation — and revenue.
It was like another golden grail. A lowly seat. Maybe just a bench … or stool. Think of all those cashiers at every store who must stand to work. Yet, couldn’t a seat reasonably be permitted? And who better to decide when seating accommodations should be provided by lawyers and juries? Really, I am kidding. Lawyers and juries are probably the worst people to have making decisions on seating in any particular store.
Well Kmart in Tulare had a class action lawsuit filed against it. Kmart is saying that revenues keep going down and that it would cost $10,000 per aisle to reconfigure check-out stands to accommodate seating.
So what does this mean for you? You need to consider whether any particular job performed by employees could be done in a seated position. If so, you may want to compare the cost of those seats to the cost of litigation.
Aren’t you glad you own a business in California?