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Kirby v. CVS Pharmacy, Inc

Articles Discussing Case:

The California Supreme Court Finally Weighs In on Suitable Seating

Jackson Lewis P.C. • April 08, 2016
On April 4, 2016, the California Supreme Court took a stand by issuing a long-awaited opinion in Kirby v. CVS Pharmacy, Inc. The decision clarifies certain ambiguities in an employer’s obligation to provide suitable seating to employees. At issue was a provision in California’s Wage Orders that requires employers to provide all employees “with suitable seats when the nature of the work reasonably permits the use of seats.” The Court held that “nature of the work” refers to the task performed at a given location where the employee is claiming a right to a suitable seat, instead of a holistic approach. The Court also adopted a “totality of the circumstances” test to assess whether a work location “reasonably permits” suitable seating.