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Kilby v. CVS

Articles Discussing Case:

California Supreme Court Tells Both Sides to Sit Down

FordHarrison LLP • April 07, 2016
Executive Summary: The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the holding will permit employees to sit on the job under certain circumstances based on the nature of work actually performed (rather than an abstract, such as a job description), the state high court validated a reasonable interpretation of the requirement that permits employers to use their business judgment (including customer service considerations) and the physical layout of workspaces when determining whether seating is required.

California Supreme Court Rules That Employees May Have Right To Sit During Working Hours

Fisher Phillips • April 07, 2016
On April 4, 2016, the California Supreme Court ruled that employers must provide an employee with seating if the employee’s tasks at a discrete location make seated work feasible, even if the employee’s job duties include other standing tasks. This ruling is likely to have a dramatic effect on many California employers, particularly those in the retail industry. As a result, you will now have to consider whether the nature of your employees’ work permits work to be performed seated and whether you will have to provide seating (Kilby v. CVS Pharmacy, Inc.).

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