Employers: Stand Up and Take Notice of Suitable Seating Requirements

HR Hero’s California Employment Law Letter

Elizabeth J. Boca, an Associate in the Employment, Labor & Workforce Management practice, in the firm’s San Francisco office, authored an article in HR Hero’s California Employment Law Letter titled “Employers: Stand Up and Take Notice of Suitable Seating Requirements.”

Following is an excerpt:

Because of the lack of clarity, the 9th Circuit certified three questions to the California Supreme Court:

(1) Does the phrase “nature of the work” refer to individual tasks performed throughout the workday or to the en­tire range of an employee’s duties performed during a given day or shift?

Supreme court’s answer: “The ‘nature of the work’ refers to an employee’s tasks performed at a given location for which a right to a suitable seat is claimed, rather than a ‘holistic’ consideration of the entire range of an employ­ee’s duties anywhere on the jobsite during a complete shift. If the tasks being performed at a given location rea­sonably permit sitting, and provision of a seat would not interfere with performance of any other …