Are Employers Who Don’t Provide Seating for Cashiers Violating California Regulations?

Employers sometimes argue that it’s more “professional” for employees to stand than sit while on the job. Such is especially the case in consumer-facing service roles, such as a cashier. Employers may argue that standing evokes productivity, or even promotes it, making some employers worry that their employees will be less productive if they sit.

However, standing for too long can be exhausting, and can even take its toll on employee health. This is why regulations in California, and around the country, have been implemented about requirements for employee seating or standing. These laws were enacted to ensure that employees are adequately protected during the course of their work.

What Do California Regulations Say About Seating?

California regulations require employers to provide seating if a job that an employee does reasonably allows sitting. The law also requires employers to provide workers with a place to sit if the job requires standing. This means that employers must provide a “reasonable number” of seats around a work area so that employees are able to sit when not engaged in the work duties that require them to stand. The law clarifies that in these instances, employees should be allowed to sit if doing so does not interfere with their job duties or performance.

California regulations also stipulate that the seats provided must be suitable for the employees and the work environment, but does not provide more specificity.

In 2016, a court clarified some of the particulars of this requirement. For instance, an employer is prohibited from altering a job or work setting to dissuade an employee from sitting or making it easier for a job to be done standing, where it could otherwise be done while seated.

According to a Los Angeles Times report on the 2016 court decision, context is important. The court found that “if the nature of the work reasonably permits seated work, the law unambiguously states employees ‘shall be provided with suitable seats,” the Times said. 

Though California regulations leave some ambiguities, and employers may attempt to find ways not to provide seats when they could, the Times speculates that the court decision will make it harder for employers to find these kinds of loopholes.

Which Companies May Have Violated California Regulations?

Some California companies have faced criticism for failing to provide seats for employees at appropriate times. These companies include:

Walmart
CVS Pharmacy
JPMorgan
Safeway

CVS has faced dozens of lawsuits in the last several years in which workers allege that the pharmacy chain did not allow them to sit. However, after a court ruled that employers should provide chairs in many circumstances, a CVS spokesperson said that the company’s policies already complied with the California Supreme Court’s ruling.

Examples of Seating Violation Lawsuit Settlements

In 2019, Safeway agreed to pay $12 million to settle claims that it wrongly denied seats to its California cashiers, according to HR Dive. Safeway attempted to defend itself by arguing that the company believed that cashiers would not have been able to perform their job while seated. The cashiers argued otherwise, and to avoid the potentially hefty costs of continuing to litigate the issue, Safeway agreed to settle. 

Now, in addition to paying $12 million, Safeway has agreed to provide seats to its California cashiers, at least for the next two years, according to the San Francisco Chronicle, which noted that the grocery chain would need to supply some 30,000 seats.

Many employees and consumers say the court ruling is a step in the right direction. “I used to be a cashier in a former life and if you have to stand all day, it’s pretty taxing,” a Safeway customer told the San Francisco CBS News affiliate. Other current and former retail workers have also weighed in, positing that the change may make it easier for those with disabilities to find jobs. A former retail worker mentioned her bad knees and fatigue caused by standing all day. For people with joint problems or other conditions, having the option to sit down as a checker or clerk may greatly improve their comfort at work. Additionally, the option to sit while working may prevent employees from developing joint or other health conditions in the first place.  However, other consumers aren’t so sure, and worry that the change may simply make for longer lines and a slower check out process. “It might work better to relieve the checkers at a more frequent time rather then have them sitting down for such long periods,” a Safeway customer told CBS.

The employee seating lawsuit was filed in 2011 by a Safeway cashier who claimed that the company was violating California regulations. Almost a decade later, she is expected to receive approximately $14,000 as compensation for her part of the settlement with Safeway, in addition to winning the right to sit at work.

In 2018, Walmart ended similar claims with a $65 million settlement to compensate nearly 100,000 of its current and former California cashiers., Reuters reported.

What to do if Your Company is Violating the Industrial Welfare Commission Wage Orders

If you believe that your company is violating the Industrial Welfare Commission Wage Orders, you can report the situation to the Occupational Safety and Health Administration. The agency may take action to require the employer to change its policies.

Additionally, employees can file a seating violation lawsuit against their employer if the employer does not provide adequate seating and does not implement appropriate changes if pressured.

How To File A Seating Violation Lawsuit

Contacting an experienced lawyer is the first step in filing a seating violation lawsuit. The lawyer can help you compile the evidence and documentation that you need to make a compelling case.

Filing a seating violation lawsuit can be a powerful way for workers to stand up to employers who fail to provide adequate working conditions. It can also be a way to get compensated for an injury, as well as encourage employers to implement needed changes.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now