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.
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